1. Transfer petition seeking transfer of divorce proceedings from one family court to another. (Para 1 )
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2021 Supreme(SC) 963
SUPREME COURT OF INDIA
S. Ravindra Bhat, J.
Pooja Hemani @ Namrata Hemdev – Petitioner
Versus
Manish Hemdev – Respondent
Transfer Petition (Civil) No.924 of 2021
Decided On : 04-10-2021
Important Points
In the larger interest of justice, the court can order the transfer of a case while also directing the conduct of proceedings to ensure effective participation of both parties and expeditious resolution.
Subject
Civil Law - Family Law
Headnote
Transfer Petition - Divorce Petition - The court ordered the transfer of divorce petition to a different family court but directed the proceedings to be conducted online for effective participation of both parties, and for the petitioner's convenience when physical presence is necessary.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking transfer of the divorce petition filed by the respondent-husband from the Court of 5th Additional Principal Judge, Family Court, Chennai, Tamil Nadu to the Court of Principal Judge, Family Court, Varanasi, Uttar Pradesh.
Finding of the Court:
The court found that while the case for transfer was not warranted, it ordered the conduct of the proceedings in the larger interest of justice. It directed the Family Court at Chennai to conduct the proceedings online and to fix convenient dates for the petitioner's physical presence when necessary. The court also emphasized expeditious decision-making by the Family Court at Chennai.
Issues: Transfer of divorce petition, conduct of proceedings, expeditious decision-making
Ratio Decidendi: The court's decision was influenced by the larger interest of justice, ensuring effective participation of both parties through online proceedings, and expeditious resolution of the case.
Final Decision: The transfer petition was disposed of with the order for transfer of the divorce petition to a different family court and directions for conducting the proceedings online and expeditiously deciding the case.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks transfer of divorce proceedings to a different jurisdiction for convenience. (Para 1 )
3. Transfer is not warranted, but the interest of justice requires directions for online proceedings and convenient scheduling to ensure effective participation. (Para 2 )
4. Where transfer is not warranted, the court may order online proceedings or convenient scheduling to facilitate the party's participation in the interest of justice. (Para 2 )
5. Transfer petition disposed of with directions for online proceedings and convenient scheduling of dates for the petitioner. (Para 2 , 3 , 5 )
6. Can a court order online proceedings in a transfer petition if the transfer is not granted?
Yes, in the larger interest of justice, the court may direct the trial court to conduct proceedings online, subject to party agreement and available electronic infrastructure. (Para 2 )
ORDER :
1. This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent-husband in the Court of 5th Additional Principal Judge, Family Court, Chennai, Tamil Nadu to the Court of Principal Judge, Family Court, Varanasi, Uttar Pradesh.
2. Having heard the learned counsel for the parties and considered the pleadings, this Court is of the opinion that case for transfer is not warranted but in the larger interest of justice, orders for the conduct of the proceedings are warranted. Accordingly, following directions are issued:
a. Upon agreement of the parties, the Family Court at Chennai, shall in the event of availability of Video/Electronic infrastructure, conduct the proceedings online for the effective participation of both the parties.
b. In the event, the petitioner’s presence is necessary, the Court shall fix such successive/consecutive date(s) as may be convenient to the petitioner.
3. The Family Court at Chennai shall decide the case as expeditiously as possible.
4. The Registry is directed to send a copy of this Order to the Court at Chennai for compliance.
5. This transfer petition is disposed of in the aforesaid terms.
