Mrs. Jennifer Samson v. Mr. Antony Samson K

1/3 Digitally signed by KANCHAN VINOD MAYEKAR Date:

2025.11.17 20:30:21 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 398 OF 2025 JENNIFER SAMSON ..... APPLICANT

VERSUS

ANTONY SAMSON K ..... RESPONDENT Adv. Murugaseelan Perumal a/w. Adv.Rahul S. Tiwari, Adv.Shweta Kannan for the Applicant.

Adv. Jitendra Hanumant Oak for the Respondent. CORAM : RAJESH S. PATIL, J.

DATE : 14 NOVEMBER, 2025 P.C. :- 1) This is an transfer petition filed by the applicant, wife of the respondent, seeking transfer of the divorce petition filed by the respondent-husband before the Family Court at Belapur to be transferred to the Family Court at Bandra.

2) I have heard learned advocates for both the sides and I have gone through the documents on record.

3) It is applicant's case that she is staying at Dharavi, Mumbai alongwith her 2 and 1⁄2 years old son who is a 'Special Child'. The husband admittedly at present is at Ratnagiri, working on a site in

2/3 a port industry as a electrical engineer. However, the husband has filed divorce proceeding before the Family Court at Belapur. 4) The Hon'ble Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that the convenience of the wife has to be seen for the transfer proceedings. Paragraph no.9 of the said judgment reads as under :- 9.

The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

(Emphasis supplied) 5) Considering the law laid down by the Hon'ble Supreme Court in case of N.C.V. Aishwarya (supra) and the fact that the applicant is staying with her 2 and 1⁄2 years old son who is a 'Special Child' and the fact that the respondent at present is working at Ratnagiri, I am convinced that this Miscellaneous Civil Application

3/3 requires to be allowed.

6) The present Miscellaneous Civil Application stands allowed in terms of prayer clause (a).

7) The proceeding of Marriage Petition No. A 404 of 2024 pending before the Family Court, Belapur be transfer to the Family Court at Bandra within a period of four weeks from today. [RAJESH S. PATIL, J.]