In this case, there were two transfer applications. The application was filed by the wife for transfer of Restitution Petition filed by the husband before the Family Court, Pune and she wanted to transfer the same to the Court of Civil Judge, Senior Division, Thane where her petition for divorce is pending.
Whereas the husband is praying for the transfer of the Divorce Petition filed by the wife to the Family Court at Pune wherein his Restitution Petition is pending.

The bench of Justice S. M. Modak
looked into the provision of section 21A of the Hindu Marriage Act and observed that “It contemplates the transfer of Petitions consisting of various reliefs mentioned therein. So far as the present two Petitions are concerned, one of the reliefs sought in one Petition is for divorce. Whereas the husband is seeking for restitution. Admittedly, the prayer in restitution is not mentioned under the provision of section 21A of the Hindu Marriage Act. So both these Petitions need to be decided as per section 24 of the Code of Civil Procedure.”

High Court stated that the fact that the Applicant in Miscellaneous Civil Application is a lady, her inconvenience needs to be given more priority because the law considers women to be a weaker section of society and needs more protection.

The bench stated, “If the wife comes with a grievance that during cohabitation she was being ill-treated to great extent and on that background if there is a danger to her life to visit the place where the husband is residing certainly it can be considered as a ground for transfer.”

In view of the above, the bench rejected the transfer application filed by the husband and allowed the transfer application filed by the wife.

Case Title: Rahul Uttam Phadtare v. Sarika Rahul Phadtare