More Convenience is given To a Father When He’s Taking Custody of the Minor: Madhya Pradesh High Court

Madhya Pradesh High Court

MADHYA PRADESH: In the recent case of SMT. HARSHA SHARMA v RAKESH SHARMA, Madhya Pradesh High Court observed that when the Father has custody of the minor children, more weightage should be given to his convenience compared to that of the Mother.

The court further observed that the wife cannot force his husband to attend the proceedings leaving children behind outside his native place.  The wife moved an application in a court praying for the transfer of her matrimonial case from the district court where her husband was residing to the district court where she was residing.

Further, she submitted that she did not have any source of income and that there was no male member in her family who could accompany her while traveling to another district to attend the family court proceeding.

She also brought the attention of the Court to the fact that she has filed two cases in her district against her Husband under the Domestic Violence Act and for maintenance under Section 125 CrPC.

After examining the whole scenario, the Court directed the family court concerned to quantify the traveling expenses of the Wife so that the Husband could pay her the amount prior to the date fixed for the proceeding.

With the aforesaid observations and directions, the Court rejected the application of the Wife for transfer of her matrimonial case.

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