Friday, March 25, 2016

Hindu wife can conduct her divorce case in the place of her residence

Wife is residing in Delhi whereas the husband resides in Bombay. The husband instituted HMA Petition for restitution of conjugal rights in the Family Court at Bandra, Mumbai. The wife and her minor son of about 5 years are residing along with her parents who cannot afford the expenses of travel from Delhi to Mumbai for prosecuting the said case. She and the minor child cannot travel alone, she being a young lady of about 28 years. In these circumstances, Varsha Paresh Shah   Versus
Paresh H. Shah   the supreme court transferred the
case the Family, Court, Bandra, Mumbai to the Court of the District Judge, Delhi.

The Indian courts only see the convent of the Hindu wife whether she can attend and conduct a case in her circumstances. Travelling with child, Place of stay, Supportive nature for the wife in the strange place are taken into consideration by Indian courts. 
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