Can a matrimonial case be shifted merely because the wife claims inconvenience? The Madhya Pradesh High Court says NO and lays down a structured alternative that could reshape routine transfer petitions across India.
Wife Convenience No Longer Paramount In Transfer Petition: The Madhya Pradesh High Court at Jabalpur, presided over by Justice Deepak Khot, recently decided a matrimonial transfer petition where a wife sought the shifting of her husband’s restitution case from the Family Court Narsinghpur to Harda.
The marriage had taken place in July 2024, and after disputes arose, the husband filed a petition under Section 9 of the Hindu Marriage Act at Narsinghpur, while the wife filed a maintenance case at Harda.
The wife contended that she had faced cruelty and had lodged FIRs, and that travelling more than 300 kilometres alone caused hardship as she had no independent source of income. On this basis, she sought transfer of the matrimonial proceedings to Harda for convenience and safety.
After analysing the record and applicable law, the High Court clarified the governing principle by observing that:
“Convenience of wife/lady is not the paramount consideration for deciding the transfer applications and alternatives to transfer proceedings have been provided, viz. through Video Conferencing. If the matter is to be proved by the witnesses of the place where the matter is being prosecuted then the other side can suitably be adjusted by making payment of commute.”
The Court also noted that the wife had travelled to Narsinghpur in connection with criminal proceedings and emphasised that personal appearance is not required on every hearing date in matrimonial matters, as proceedings can largely be conducted through counsel and virtual means.
Balancing equities between both parties, the Court declined the transfer request but granted procedural safeguards. It directed that:
“The applicant may appear before the Family Court, District Narsinghpur through video conferencing.”
Further, it clarified that she shall attend the court physically only for examination, for which expenses of travel, lodging and boarding would be borne by the respondent.
With these directions enabling virtual participation and ensuring reimbursement of necessary expenses, the transfer petition was disposed of.
Explanatory Table: Laws And Sections Involved
| Law / Section | Meaning in Simple Terms | Role in This Case |
| Section 24 CPC | Allows transfer of cases from one court to another for justice and convenience | Wife filed transfer petition seeking shift of matrimonial case |
| Section 9 Hindu Marriage Act | Restitution of conjugal rights — spouse can seek court direction for resumption of marital cohabitation | Husband’s main matrimonial case pending at Narsinghpur |
| Section 125 CrPC | Provides maintenance to wife, children, or parents unable to maintain themselves | Wife’s maintenance proceedings pending at Harda |
| FIR / Criminal Proceedings | Criminal complaints registered alleging offences such as cruelty | Wife relied on FIRs to claim hardship and safety concerns |
| Video Conferencing (procedural alternative) | Virtual participation in court proceedings | Court allowed virtual appearance instead of transfer |
Case Details
- Case Title: Smt. Ekta Vaish Versus Deepak Kuchbandiya
- Case Number: Misc. Civil Case No. 478 of 2026
- Court: High Court of Madhya Pradesh at Jabalpur
- Bench: Hon’ble Shri Justice Deepak Khot
- Neutral Citation: 2026:MPHC-JBP:14249
- Date of Order: 18 February 2026
- Counsel for Applicant: Shri Samar Singh Rajput, Advocate
Key Takeaways
- Convenience alone cannot be used as a blanket ground to shift matrimonial cases; distance by itself is not injustice.
- Gender cannot automatically become a legal advantage in transfer petitions; every case must stand on facts, not sympathy.
- Modern solutions like video conferencing balance hardship without forcing the husband to litigate in a different district.
- If personal appearance is required, structured safeguards like travel and stay expenses can address genuine difficulty without shifting jurisdiction.
- This order reinforces that matrimonial litigation must be guided by fairness and equal procedural rights, not one-sided presumptions.
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