1. Transfer petition for divorce proceedings — Agreement for dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act. (Para 1 )
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1997 Supreme(SC) 1297
SUPREME COURT OF INDIA
S.B.Majmudar : S.P.Kurdukar
Seema Shrinidhi
Versus
Praveen Kumar Tiwari
Case No. : 827 of 1996
Date of Decision : 9/29/97
The court may transfer a pending divorce petition to another court if the parties have reached a settlement and agreed to seek dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act.
Headnote:(A) Hindu Marriage Act, 1955 - Section 13-B(1) and (2) - Transfer of divorce petition - Parties agreed to dissolve marriage by mutual consent - Memorandum of settlement filed - Transfer of proceedings to another district court permitted to facilitate the dissolution of marriage by mutual consent.
Facts of the case:
A transfer petition was moved by the wife to transfer a divorce petition pending in one district court to another. During the proceedings, both parties filed a memorandum of settlement and a petition for dissolution of marriage by mutual consent.
Findings of Court:
The court directed the transfer of the divorce petition to the requested district court and granted liberty to the parties to file a petition for divorce by mutual consent. It further directed the production of a bank draft for the full and final satisfaction of claims.
Issues: Whether the pending divorce petition should be transferred to another court in light of the parties' agreement to seek a divorce by mutual consent.
Ratio Decidendi: Where parties agree to dissolve their marriage by mutual consent under the relevant statutory provisions and file a settlement memorandum, the court may transfer the pending divorce petition to a convenient court to facilitate the legal process.
Result: Transfer petition disposed of.
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Table of Contents
2. Parties agreed to dissolve the marriage by mutual consent under Section 13-B of the Hindu Marriage Act. (Para 1 )
3. The court took note of the memorandum of settlement and the joint petition for dissolution of marriage by mutual consent. (Para 1 )
4. Transfer of proceedings is permissible to facilitate the dissolution of marriage by mutual consent when parties have reached a settlement. (Para 1 )
5. Transfer of the divorce petition to the transferee court and disposal of the transfer petition. (Para 1 )
6. Can a court transfer a divorce petition if the parties agree to a mutual consent divorce?
Yes, the court can transfer a pending divorce petition to a different court to allow parties to file for dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act. (Para 1 )
(1) ORDER In this transfer petition moved on behalf of the wife for transferring the divorce petition of the respondent-husband pending in the court of District Judge, Bokaro, Bihar State to the District court at Delhi, the parties have filed a copy of the memorandum of settlement along with a copy of the petition for dissolution of the marriage under Section 13-B(1 and (2 of the Hindu Marriage Act. Both the parties have agreed that the marriage between them should be dissolved by mutual consent under Section 13-B(1 and (2 of the Hindu Marriage Act. We have taken the copies of the petition and the memorandum of settlement on record. In view of this development we direct transfer of the respondents divorce petition from the court of District Judge, Bokaro, Bihar State to the District court at Delhi. The parties are given b liberty to file petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act before the transferee court at Delhi wherein appropriate orders will then be passed by the District court at Delhi. The District Judge, Bokaro, shall send all the necessary papers to the transferee court within four weeks from the date of receipt of a copy of this order at its end. Office to send a copy of this order to the court of District Judge, Bokaro for information and necessary action. The parties shall appear before the District court at Delhi on 17/11/1997. In view of the aforesaid order, the Bank Draft of Rs. 4 lakhs (Rupees four lakhs) which the respondent has agreed to make available to the petitioner towards full and final satisfaction of her claims should be produced before the transferee court at Delhi. The transfer petition is disposed of accordingly. No costs.
