In this post we will discuss about the decision of Punjab and Haryana high court in which it had stated that the right to choose the location of a court for adjudication of a matrimonial dispute lies with the wife.

Wife has the right to choose court marital conflict : HC

Introduction: in this post we will discuss about the decision of Punjab and Haryana high court in which it had stated that the right to choose the location of a court for adjudication of a matrimonial dispute lies with the wife.

Right of Wife to Choose Court in Matrimonial Disputes
Right of Wife to Choose Court in Matrimonial Disputes

Facts of the case :

The woman had sought the transfer of 2020 case to Mohali from Bhiwani where she and her husband were last living when he moved the court in the matrimonial dispute. the man who lives in United States had argued that his wife had sufficient means and could easily appear in Bhiwani Court. On the other hand she had argued that she was currently living with her parents in Mohali which was over 250 km away from Bhiwani.

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 She also told the court that her father was a heart patient, while her  two brothers were married and living separately, adding that there was no other Mel family member to accompany her to the court hearings. Therefore it was difficult for her to visit Bhiwani.

Legal issue:

Whether the  right to choose location of a court for adjudication of a matrimonial dispute lies with the wife or with the  husband?

Decision of Punjab and Haryana high court:

The court observed that the ethos as manifested under article 51A of the constitution of India envisaged that it will be e the fundamental duty of every Indian citizen to uphold the dignity of women.

In addition as per article 15 (3) power had also been conferred on the state to make special provisions for women and children. It was perhaps in this spirit that an amendment was inserted in the Hindu marriage Act 1955 whereby  in case the wife was the petitioner, she could pick a court near where she was residing on the date of presentation of the petition. The High Court bench of justice Arun Monga meet the observation that the right to choose the location of a court for adjudication of a matrimonial dispute lies with the wife  while ordering the transfer of matrimonial dispute from Bhiwani family court to Mohali on the plea of woman.

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Conclusion:

Hence in the present case in hand the right to choose the location of a court for adjudication of a matrimonial dispute lies with the wife.

This post is written by Karishma Jain

For case specific advice and details, please contact TOP/BEST/EXPERT Matrimonial Lawyer/Lawyers in Chandigarh, Panchkula and Mohali Tri-City area.

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