Husband cannot be made to suffer every time


It may be pointed out that while transferring a case under this power, the Supreme Court is not bound to transfer the case to only that place where the jurisdiction lies. It can transfer the case to any place as the court deems fit under the provisions of the above section.

As mentioned above, most of such requests made by wives for transfer of the matrimonial cases, have traditionally been accepted by the Supreme Court with sympathy. Of course, in some particular cases, it may actually mean more hardship to the husband, because in some cases the wife may be in a much better position than the husband.

It is this need that has been taken care of by a bench consisting of Chief Justice H.L. Dattu and Justice A.K. Sikri of the Supreme Court in a decision given on 8 January 2015. The court refused to transfer a matrimonial case from Ghaziabad in Uttar Pradesh to Betul in Madhya Pradesh on the wife’s request despite the fact that she is a permanent resident of Betul.

The Supreme Court observed: “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. We had become too liberal in acceding to their requests. But the husbands also have a right. Why the husbands should be always made to suffer.”

Thus, what the Supreme Court appears to be saying is that it may not be proper to blindly transfer all the matrimonial cases on wife’s requests and that the court should also examine in a judicious manner the merits of the case and the hardship caused to both the parties.

One cannot agree more with the court. There are a few cases where the husband may be facing more severe hardships and may perhaps have to be protected. At the same time, one hopes that the general approach of the Supreme Court will continue to be in favour of the women, other things remaining equal. Thus, a balance needs to be maintained with a clear pro-woman tilt wherever other things are equal.bhi
Transfer Petition (civil) 683/2014
Pooja Chaudhary vs. Vinay Jaiswal.

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