1. Matrimonial case under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 — Petition for transfer of proceedings based on childcare responsibilities. (Para 1 )
Back
Next 
1997 Supreme(SC) 5
SUPREME COURT OF INDIA
A S Anand, Faizan Uddin
JAISHREE BANERJEE (SMT), PETITIONER
VERSUS
ABHIRUP BANERJEE, RESPONDENT.
Transfer Petition (C) No. 651 of 1996, decided on January 6, 1997.
The court may allow the transfer of a matrimonial case based on practical difficulties and the best interests of the parties involved.
Headnote:
Transfer Petition - Matrimonial Case - The court allowed the transfer of a matrimonial case from Delhi to Varanasi, considering the petitioner's grounds, including the presence of the child of the marriage in Varanasi and the practical difficulties in attending the case in Delhi.
Fact of the Case:
The petitioner, the wife, sought the transfer of a matrimonial case from Delhi to Varanasi, where she was staying with the child of the marriage, citing practical difficulties in attending the case in Delhi.
Finding of the Court:
The court found it appropriate to allow the transfer application, considering the petitioner's grounds and the practical difficulties involved.
Issues: Transfer of Matrimonial Case
Ratio Decidendi: The presence of the child of the marriage in Varanasi and the practical difficulties in attending the case in Delhi influenced the court's decision to allow the transfer.
Final Decision: The transfer petition was allowed, and the matrimonial case was transferred from Delhi to Varanasi for trial.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks transfer of matrimonial proceedings on the ground that attending court in another jurisdiction is impractical due to the care of a young child. (Para 1 )
3. The court considers the petitioner's circumstances regarding the care of the child and finds it appropriate to allow the transfer of the case. (Para 2 )
4. Matrimonial proceedings may be transferred to a different jurisdiction to accommodate the caregiving needs of a spouse with a young child. (Para 2 )
5. Transfer petition allowed — Matrimonial case transferred to the court of competent jurisdiction in the petitioner's place of residence. (Para 2 , 3 )
6. On what grounds may a court allow the transfer of a matrimonial proceeding to another jurisdiction?
A court may allow the transfer of matrimonial proceedings if the petitioner demonstrates that attending the current court is impractical, such as when the petitioner is the primary caregiver for a young child. (Para 1 , 2 )
ORDER
1. The petitioner is the wife against whom a matrimonial case, HMA No. 489 of 1996, has been filed by the respondent-husband under Section l3(1) (i-a) of the Hindu Marriage Act, 1955. That case is pending in the Court of Additional District Judge, Delhi. The petitioner seeks transfer of that case from Delhi to a court of competent jurisdiction at Varanasi where the petitioner is staying with a child of the marriage, aged about two and a half years on various grounds detailed in the petition. That the child of the marriage is with the petitioner and cannot be left at Varanasi if the petitioner has to travel to attend to the matrimonial case, is not in dispute.
2. After hearing learned counsel for the parties, it appears appropriate to us to allow this application. HMA No. 489 of 1996 titled Abhirup Banerjee v. Jaishree Banerjee is withdrawn from the Court of Additional District t Judge, Tis Hazari Courts, Delhi and is transferred to the Court of the Presiding Officer, Family Court, Varanasi, for its trial in accordance with law. The Additional District Judge, Tis Hazari Courts, Delhi shall send the record of the case to the transferee court without delay. The transferee court shall fix the date for appearance of the parties and intimate the same to the parties.
3. The transfer petition is allowed. No costs.
