1. Transfer petition under Section 25, Code of Civil Procedure, 1908, seeking transfer of a divorce petition to another court of competent jurisdiction. (Para 1 )
Back
Next 
2021 Supreme(SC) 1015
SUPREME COURT OF INDIA
B.V. Nagarathna, J.
Babita Srivastava – Petitioner
Versus
Vinod Srivastava – Respondent
Transfer Petition(S)(Civil) No. 1867 of 2019
Decided On : 25-10-2021
Important Points
The Supreme Court allowed the transfer of a divorce petition under Section 25 of the Code of Civil Procedure, 1908, from Gurugram to Gwalior, citing the petitioner's residence, the considerable distance between the locations, and the respondent's lack of objection to ensure an effective defense.
Subject
Civil Law - Jurisdiction and Venue
Act Referred
Headnote
Transfer Petition - Jurisdiction Transfer - The court allowed the transfer petition filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of the divorce petition to a court of competent jurisdiction at Gwalior, considering the petitioner's residence and the distance between the current court and Gwalior.
Fact of the Case:
The petitioner-wife filed a transfer petition under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of the divorce petition filed by the respondent-husband in the Court of Principal District Judge Family Court at Gurugram (Haryana) to a court of competent jurisdiction at Gwalior (M.P.).
Finding of the Court:
The court allowed the transfer petition, considering the petitioner's residence and the distance between the current court and Gwalior, and directed the transfer of the divorce petition to a court of competent jurisdiction at Gwalior.
Issues: The main issue was the transfer of the divorce petition from one court to another based on the petitioner's residence and the distance between the courts.
Ratio Decidendi: The court considered the difficulty pleaded by the petitioner and the distance between the two locations, and allowed the transfer petition to enable the petitioner to effectively defend the divorce petition.
Final Decision: The transfer petition was allowed, and the divorce petition was directed to be transferred to a court of competent jurisdiction at Gwalior (M.P.). Both parties were directed to cooperate with the competent court at Gwalior for expeditious disposal of the petition.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appelant : Mr. Aftab Ali Khan, AOR Mr. S.K. Srivastava, Adv.
For the Respondent: Mr. Prashant Chaudhary, AOR
Advocate Appeared:
For the Appelant : Mr. Aftab Ali Khan, AOR Mr. S.K. Srivastava, Adv.
For the Respondent: Mr. Prashant Chaudhary, AOR
Table of Contents
2. Petitioner seeks transfer based on current residence; respondent expresses no objection to the transfer. (Para 3 , 4 )
3. Transfer is justified by the considerable distance between the courts and the necessity of enabling the petitioner to effectively defend the petition. (Para 5 )
4. Transfer of proceedings is permissible to ensure a party can effectively defend a case when the distance between the current and proposed courts is considerable. (Para 5 )
5. Petition allowed and divorce petition transferred to a court of competent jurisdiction. (Para 5 , 7 )
6. Under what grounds may a court grant a transfer petition under Section 25 of the Code of Civil Procedure?
A court may grant a transfer when the distance between the current court and the proposed location is considerable, thereby enabling the party to effectively defend the petition. (Para 5 )
7. How does the respondent's lack of objection influence a transfer petition?
The court considers the respondent's lack of objection in conjunction with the difficulties pleaded by the petitioner to determine if the transfer is appropriate. (Para 4 , 5 )
ORDER :
1. This transfer petition has been filed by the petitioner-wife Under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of divorce petition filed by the respondent-husband in the Court of Principal District Judge Family Court at Gurugram (Haryana) to any other court of competent jurisdiction at Gwalior (M.P.).
2. Heard learned counsel for the petitioner and learned counsel for the respondent.
3. It is submitted that the petitioner is presently residing at Gwalior (M.P.) and hence the aforesaid matter may be transferred to the competent court of jurisdiction at Gwalior.
4. Learned counsel for the respondent submitted that no objection is raised by the respondent for the said transfer as such.
5. In the circumstances, having regard to the difficulty pleaded by the petitioner and the distance between Gurugram, Haryana and Gwalior at M.P. being considerable and in order to enable the petitioner to effectively defend the aforesaid petition, the aforesaid petition namely HMA No. 560/2018 titled as “ Sh. Vinod Srivastava vs. Dr. Babita Srivastava ” is directed to be transferred to a court of competent jurisdiction, if any, at Gwalior (M.P.).
6. It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Gwalior for expeditious disposal of the petition.
7. The Petition is allowed and disposed of in the aforesaid terms.
