Transfer of Matrimonial Proceedings: A Case of Strategic Delay.


01 August 2025 Family dispute >> Family Law  

In this case of Amruta Vs Sachin, a wife sought to transfer her divorce proceedings from the Family Court in Pune to the Civil Court in Kalamb, Osmanabad, citing her poor health, financial hardship, and the long distance between the two cities. She claimed to suffer from diabetes, hypertension, and piles, and stated that her doctor advised against long-distance travel. She also alleged that her husband was an alcoholic who was cruel to her and had an extramarital affair.

The husband, however, opposed the transfer, arguing it was a tactical move to delay the proceedings, which were already at the final hearing stage. He contended that he was the sole earner, caring for his ailing mother, and that traveling to Osmanabad would be a hardship that could jeopardize his job. He also noted that his wife had already attended multiple hearings in Pune and was represented by counsel. He even offered to pay for her travel expenses.


 

 

The court found the wife's request lacked credibility and was a deliberate attempt to stall the case. It noted that the wife had a history of delaying the proceedings for over four years, including failing to cooperate with the final hearing and missing court dates despite being represented by a lawyer. The court also pointed out that her claims of cruelty were vague and contradicted by her expressed willingness to cohabit with her husband. Ultimately, the court dismissed the transfer application, concluding that the husband's hardship outweighed the wife's and that the request was an abuse of the legal process.

However, the court did grant the wife the option to request permission from the Family Court to appear via video conferencing. If her physical presence is required, the husband was ordered to pay her Rs. 5,000 per appearance to cover her travel and related expenses. The Family Court in Pune was also directed to resolve the matter within three months.