Jharkhand High Court Reiterates Priority of Women’s Convenience in Matrimonial Transfer Proceedings
Transfer Petition (Civil) No. 107 of 2022
By Rishika Sinha
In Sangita Devi v. Sanjeet Kumar Singh, the High Court of Jharkhand reaffirmed the established judicial principle that, in matrimonial transfer proceedings, greater weight must ordinarily be accorded to the convenience and circumstances of the wife. The matter arose through a transfer petition filed under Section 24 of the Code of Civil Procedure by the petitioner-wife seeking transfer of a matrimonial suit instituted by her husband from the Family Court at Hazaribagh to the Family Court at Ranchi.
Before the Court, the petitioner submitted that she was residing separately in Ranchi along with her two minor children, both of whom were entirely dependent upon her care and supervision. It was further contended that she lacked an independent source of income and faced considerable hardship in travelling repeatedly to Hazaribagh, situated at a distance of more than ninety kilometres from Ranchi, for the purpose of attending court proceedings. In contrast, the husband was stated to possess sufficient financial means and would not suffer comparable inconvenience if the proceedings were transferred to Ranchi. Despite the valid service of notice, the opposite party did not appear before the Court to contest the petition.
While adjudicating the matter, the High Court emphasised the settled legal position that courts must remain sensitive to the practical difficulties faced by female litigants in matrimonial disputes. The Bench observed that transfer petitions filed by wives deserve liberal consideration to prevent undue hardship, particularly where childcare responsibilities, financial dependence, and logistical constraints significantly affect their ability to participate effectively in legal proceedings. The Court reiterated that, in such circumstances, the convenience of the wife must ordinarily prevail over that of the husband.
Accordingly, the Court allowed the transfer petition and directed that the matrimonial proceedings pending before the Principal Judge, Family Court, Hazaribagh, be transferred to the Principal Judge, Family Court, Ranchi. Necessary directions were also issued for the immediate transmission of the case records to the transferee court.
The decision reflects the judiciary’s continuing recognition of substantive access to justice in matrimonial litigation and reinforces the broader principle that procedural rules must be applied in a manner that accommodates the social and economic realities faced by women litigants.
