28 February 2024 Conjugal Rights >> Marriage Law  

In the recent case of Mehul Kumudbhai Shah Vs. Brijal Mehul Shah, the wife's petition for forum non conveniens (inconvenient forum) was dismissed. The wife, a journalist residing in Delhi, sought to transfer the restitution of conjugal rights case filed against her from the Thane court to a Delhi court on the grounds of her location.

The court, after considering arguments from both parties, determined that the wife's professional status as an educated journalist did not constitute a sufficiently compelling reason for transfer. The court order likely considered factors such as the availability of virtual appearances, emphasizing the wife's capacity to appear before the Thane court.

This case serves as a reminder of the heightened standard for successfully requesting a case transfer. While geographical inconvenience may be a relevant factor, courts will also weigh an individual's ability to participate effectively in proceedings at the original venue, including options like virtual appearances.