1. Transfer petition regarding a divorce proceeding initiated under Section 10 read with Section 7 of the Indian Divorce Act. (Para 1 )
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1999 Supreme(SC) 1068
SUPREME COURT OF INDIA
R.P.Sethi : S.P.Kurdukar
Annamma Abraham (Sherly)
Versus
Abraham Jacob
Case No. : 323 of 1999
Date of Decision : 9/17/99
Important Points
The court may transfer matrimonial proceedings to a location convenient for the wife if she demonstrates that attending court in the original jurisdiction is impossible, balancing the hardships of both parties.
Subject
Family Law - Matrimonial Disputes
Act Referred
Headnote
(A) Indian Divorce Act - Sections 7 and 10 - Transfer of matrimonial proceedings - Wife's inability to attend court in a distant location - Transfer of marriage petition from one state to another based on convenience of the petitioner. (Paras 1 and 4)
Facts of the case:
A transfer petition was filed by the wife against the husband. The husband had filed a divorce petition in a family court in one state, while the wife resided in another state with her parents. The wife submitted that it was impossible for her to attend the court in the husband's jurisdiction. The husband, serving in the defense forces and posted on the border, contended that it would be nearly impossible for him to travel to the wife's state to contest the litigation.
Findings of Court:
The court found that the petitioner had established a sufficient case for the transfer of the marriage petition to the district court in the state where she resides.
Issues: Whether the marriage petition should be transferred from the court where it was filed to a court in the state where the wife resides, balancing the hardships faced by both parties.
Ratio Decidendi: The court determined that the hardship and inability of the wife to attend proceedings in a distant court outweighed the professional constraints of the husband serving in the defense forces.
Result: Transfer petition allowed.
Facts of the case:
A transfer petition was filed by the wife against the husband. The husband had filed a divorce petition in a family court in one state, while the wife resided in another state with her parents. The wife submitted that it was impossible for her to attend the court in the husband's jurisdiction. The husband, serving in the defense forces and posted on the border, contended that it would be nearly impossible for him to travel to the wife's state to contest the litigation.
Findings of Court:
The court found that the petitioner had established a sufficient case for the transfer of the marriage petition to the district court in the state where she resides.
Issues: Whether the marriage petition should be transferred from the court where it was filed to a court in the state where the wife resides, balancing the hardships faced by both parties.
Ratio Decidendi: The court determined that the hardship and inability of the wife to attend proceedings in a distant court outweighed the professional constraints of the husband serving in the defense forces.
Result: Transfer petition allowed.
Legal Category Hierarchy
Table of Contents
2. Petitioner claims inability to attend court in the current jurisdiction; respondent, a defense personnel, claims inability to travel to the requested jurisdiction. (Para 1 , 2 )
3. The court found that the petitioner established a sufficient case for the transfer of the marriage petition to her state of residence. (Para 4 )
4. Matrimonial proceedings may be transferred when a party demonstrates that attending the current court is impossible or creates undue hardship. (Para 4 )
5. Transfer petition allowed; marriage petition transferred from the current Family Court to the District Court in the petitioner's state of residence. (Para 4 )
6. When is a transfer petition for a marriage proceeding likely to be allowed?
A transfer petition is allowed when the party demonstrates that it is impossible for them to attend the court where the proceedings are currently pending. (Para 4 )
7. Does the professional status of a party, such as serving in the defense forces, preclude the transfer of a matrimonial case?
While the court considers the respondent's professional constraints, such as serving in the defense forces, it may still grant a transfer if the petitioner's case for hardship is sufficiently established. (Para 2 , 4 )
S.P.KURDUKAR, J.
(1) THIS transfer petition is filed by the wife against the respondent husband. The respondent husband filed a divorce petition under Section 10 read with Section 7 of the Indian Divorce Act at Jodhpur. The petitioner is a resident of the State of Kerala and presently she has been staying with her parents. The petitioner has given various details in the transfer petition and shown how it is impossible for her to attend the Court at Jodhpur.
(2) LEARNED counsel for the respondent, however, urged that the respondent is serving in the defence forces and presently he is posted on the border in Rajasthan at Jaisalmer. It would almost be impossible for him to come to Kerala and contest the litigation. Counsel, therefore, submitted that the petition be dismissed.
(3) WE record the denial on behalf of the respondent to the various averments made in the transfer petition relating to ill-treatment etc.
(4) AFTER going through the petition and after hearing the counsel for the respondent, we are of the view that the petitioner has made out a case for transfer of Marriage Petition No. 175 of 1998 titled Abraham Jacob v. Smt Annamma Abraham (Sherly) pending in the Family Court, Jodhpur to the District Court at Pathanamthitta, Kerala. The learned District Judge will allot the said petition to a Judge who has got jurisdiction to try the said marriage petition. The transfer petition is allowed. In the circumstances, there will be no order as to costs.
