1. Transfer petition — Divorce proceedings — Request for transfer of jurisdiction based on financial hardship and lack of local support. (Para 2 )
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2000 Supreme(SC) 165
2000(7) Supreme 723
SUPREME COURT OF INDIA
S.P. Bharucha, Syed Shah Mohammed & Quadri & M.B. Shah, JJ.
Mona Aresh Goel -Appellant
versus
Aresh Satya Goel -Respondent
Transfer Petition (C) No. 793 of 1999
Decided on 21-1-2000
Important Points
The court held that divorce proceedings may be transferred to the wife's place of residence if she lacks independent income, cannot afford travel expenses, and has no support or accommodation in the city where the proceedings are currently pending.
Subject
Family Law - Divorce
Act Referred
Headnote
Civil Procedure Code, 1908-Section 25-Divorce petition filed by husband in Bombay-Petition by wife to transfer it to Delhi-Wife claiming no independent income source for her and no place to stay in Bombay and was 22 years old-Divorce petition was liable to be transferred from Bombay to Delhi. (Para 2)
Legal Category Hierarchy
Table of Contents
2. Lack of independent income — Inability of parents to bear travel expenses — Absence of local support and accommodation. (Para 2 )
3. The court observed that under the given circumstances, the transfer petition should be allowed. (Para 2 )
4. Financial incapacity and lack of support for a spouse are valid grounds for transferring matrimonial proceedings to a more convenient jurisdiction. (Para 2 )
5. Transfer petition allowed — Divorce proceedings transferred to the requested jurisdiction. (Para 3 )
6. Under what circumstances can a transfer petition for divorce proceedings be allowed?
A transfer petition may be allowed when the spouse lacks independent income, cannot afford travel expenses, and has no support or accommodation in the jurisdiction where the proceedings are currently pending. (Para 2 )
7. Can matrimonial proceedings be transferred from a Family Court to a District Court?
Yes, the court may transfer proceedings from a Family Court to the court of a District Judge, who may then hear the matter or assign it to a competent court. (Para 3 )
ORDER
The respondent-husband has been served but does not appear.
2. The transfer petition is filed by the wife to transfer the divorce proceedings taken by the husband in Bombay to Delhi, where she now stays with her parents. The transfer petition avers that the wife has no independent income and that her parents are not in a position to bear the expenses of her travel from Delhi to Bombay to contest the divorce proceedings. She avers that she is twenty two years old and cannot travel to and stay in Bombay alone for, there is no one in Bombay with whom she can stay. We are of the opinion that the transfer petition should in the circumstances, be allowed.
3. The transfer petition is made absolute in terms of prayer (a). M.J. Petition No. A-636 of 1999 pending before the Family Court at Bandra, Bombay is transferred to the court of the District Judge, Tis Hazari, Delhi, who shall hear it himself or assign it for hearing to a competent court.
4. No order as to costs.
Petition allowed.
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