Convenience of non-earning wife more important than husband’s: AP High Court rules

AMARAVATHI: The Andhra Pradesh High Court has opined that convenience of the wife takes precedence over that of husband in marital disputes.

"A perusal of copy of charge sheet...prima facie, supports the contention of the petitioner that now she is residing in her uncle's house at Kadapa city, which was failed to (have been) consider by the learned Principal District Judge, Kadapa. In matrimonial proceedings, the convenience of wife has to be considered than the inconvenience of husband …”

The High Court bench of Justice B Sysmsunder passed the order in the civil miscellaneous transfer petition filed by an aggrieved woman. She has sought transfer of the divorce proceedings, which were initiated by her husband from Proddatur district court to Kadapa district court, was dismissed.

The petitioner (woman) had stated that her husband had filed the petition for “dissolution of the marriage vexatiously, after a domestic violence case was initiated” against him by her.

She also stated that “since the filing of the domestic violence complaint”, she had vacated the house of her r husband and moved to her uncle’s house.

She had entered the address of her uncle’s house as her place of residence in the complaint and also the domestic violence case.

She had informed the court that every time she had attended the divorce case, she was subjected to harassment by her husband and in-laws.

The Court noted that the woman “had failed to lead any evidence in furtherance of her claim that she had switched her place of residence and dismissed her application seeking reimbursement of traveling expenses.”

When the matter came up

for consideration of the High Court, the bench observed that the wife was “a non-earning member of the family, whereas her husband was a software engineer and was receiving a monthly salary.”

The bench also said, "It is not the contention of the respondent that the petitioner is gainfully employed and she is getting sufficient income. When two other matrimonial cases are pending between the same parties and divorce petition is pending C in other Courts, it would be convenient. for both the parties to transfer the case to the same place to avoid inconvenience to them. Therefore, this Court is of an opinion that are grounds to consider the request of the petitioner to transfer Η.Μ.Ο.Ρ.No. 15 of 2022 from the Senior Civil Judge Court, Proddatur to the Senior Civil Judge Court, Kadapa of YSR Kadapa District as the petitioner is now said to be residing within the jurisdiction of Municipal Corporation limits of Kadapa city."