1. Transfer petition — Divorce proceedings — Hardship due to distance and childcare responsibilities. (Para 2 )
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2000 Supreme(SC) 48
2000(6) Supreme 347
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Archana Singh -Appellant
versus
Alok Pratap Singh -Respondent
Transfer Petition (Civil) No. 620 of 1999
Decided on 10-1-2000
The court held that offering travel expenses is not a substitute for the hardship a wife faces when contesting a case in a distant city, especially when caring for a small child, thereby justifying the transfer of the divorce petition to a more convenient location.
Headnote:Transfer of Cases-Divorce petition-Petition filed by husband at Thane Court-Wife seeking to transfer case to Varanasi-She has a small child to look after-Offer of travelling expenses to wife not a substitute for difficulties which she will have to undertake-Divorce petition transferred to Varanasi Court. (Paras 2 and 3)
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2. Offer of travel expenses versus hardship of traveling long distances with a minor child. (Para 2 )
3. Financial assistance for travel does not offset the hardship of traveling long distances when caring for a small child. (Para 2 , 3 )
4. Sufficient hardship resulting from distance and childcare responsibilities constitutes valid grounds for transferring matrimonial proceedings. (Para 3 )
5. Transfer petition allowed — Divorce proceedings transferred to the requested district court. (Para 3 , 4 )
6. Does the offer to pay travel expenses negate the grounds for transferring a case based on hardship?
No, an offer to pay traveling expenses is not a substitute for the difficulties a party undertakes when contesting a case at a distant location, especially when they have a small child to look after. (Para 2 )
7. What constitutes sufficient hardship for the transfer of matrimonial proceedings?
The necessity of traveling long distances to contest a case while managing childcare responsibilities is considered sufficient hardship to justify the transfer of the proceedings. (Para 2 , 3 )
ORDER
We have seen the counter affidavit sent by the respondent. No one appears today on his behalf to contest these proceedings.
2. In our view offer to pay the travelling expenses to the petitioner wife is not a substitute for the difficulties which she will have to undertake for contesting the case at Thane all the way from Patna especially when she has a small child to look after. She wants the case to be transferred to Varanasi which is the permanent place of residence of the respondent s parents.
3. In our view, there will be sufficient hardship for her to travel all the way to Thane. Only on this short ground, this Transfer Petition is allowed. The Divorce Petition being titled Alok Pratap Singh v. Archana Singh 1 pending in the file of 3rd Joint Civil Judge, Senior Division, Thane will stand transferred to the District Court, Varanasi.
4. The learned District Judge, Varanasi may try the petition himself or may transfer it to any other competent court for its trial.
5. No costs.
(C.R.) Order accordingly.
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