Transfer of Petition -- Convenience of Wife Not an Absolute Rule -- Discretion under S.24 CPC requires cumulative assessment of circumstances affecting both parties
(i) Civil Procedure Code, 1908, S.24 -- Transfer of Petition -- Convenience of Wife Not an Absolute Rule -- The convenience of the wife in matrimonial proceedings is a relevant and significant consideration, particularly where she must travel to a distant place, has limited means, cares for minor children, or is otherwise materially hindered in attending the existing forum. Such convenience cannot, however, be elevated into an absolute or inflexible rule requiring automatic transfer to the place of the wife's residence, and the discretion under Section 24 CPC requires consideration of circumstances affecting both parties. (ii) Civil Procedure Code, 1908, S.24 -- Transfer of Petition -- Pendency of Connected Proceedings at Proposed Forum -- Pendency of connected matrimonial proceedings at the forum to which transfer is sought lends weight to the transfer prayer but does not by itself confer an automatic right of transfer. Distance between the two forums must also be assessed in terms of accessibility and practical hardship, and not merely by the number of kilometres involved. (iii) Civil Procedure Code, 1908, S.24 -- Transfer of Petition -- Apprehension of Harm Must Have Reasonable Foundation -- An apprehension of harm or prejudice raised as ground for transfer must rest upon a real and reasonable foundation, and cannot be accepted where both parties raise competing assertions without substantial, verifiable material on record.
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