1. Petition under Section 25 of the Code of Civil Procedure for transfer of a divorce proceeding under Section 13 of the Hindu Marriage Act. (Para 1 )
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2021 Supreme(SC) 1087
SUPREME COURT OF INDIA
B.V. NAGARATHNA, J.
Mamta – Appellant
Versus
Kailash Chand Agrawal - Respondent
Transfer Petition (Civil) No.2460 of 2019
Decided on : 22-11-2021
Important Points
The Supreme Court allowed the transfer of a divorce case under Section 25 of the Code of Civil Procedure, 1908, from Rajasthan to Gujarat, considering the convenience of the petitioner-wife residing in Gujarat, finding such a transfer just and appropriate.
Subject
Transfer of Case - Divorce Case
Act Referred
Headnote
Civil Procedure Code, 1908 – Section 25 –Hindu Marriage Act, 1955 – Section 13 – Divorce Case – Petition has filed under Section 25 of Code of Civil Procedure, 1908 by petitioner-wife seeking transfer of Divorce Case titled under Section 13 of Hindu Marriage Act, 1955, pending in Court of Additional District Judge, Rajasthan to Court of Additional Civil Judge & JMFC, Gujarat – Held, As already noted, despite service of notice of respondent, there is no representation – Having regard to facts pleaded in petition and on hearing learned counsel for petitioner, Court find that it is just and appropriate to transfer Divorce Case titled as pending on file of Additional District Judge, No. 1, Rajasthan to Court of Additional Civil Judge & JMFC – Petition allowed.
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Table of Contents
2. Petitioner contends that the distance between the current court and their residence makes traveling for the purpose of defense impractical. (Para 4 )
3. The court noted the respondent's failure to appear despite notice and determined that transferring the case was just and appropriate. (Para 5 , 6 )
4. Transfer of proceedings under Section 25 of the Code of Civil Procedure is granted when the court deems it just and appropriate. (Para 6 )
5. Petition allowed and the divorce case transferred to the requested court. (Para 7 , 8 )
6. Under what conditions may a court transfer a civil proceeding under Section 25 of the Code of Civil Procedure?
A court may transfer a proceeding when it is deemed just and appropriate, such as when the distance between the party's residence and the court makes defending the case impractical. (Para 4 , 6 )
ORDER :
1. This petition has filed under Section 25 of the Code of Civil Procedure ,1908 by the petitioner-wife seeking transfer of Divorce Case No. 94 of 2018 titled as “ Shri Kailash Chand Agrawal Vs. Smt. Mamta ” under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan to the Court of the 28-4th Additional Civil Judge & JMFC, Ghandinagar, Gujarat.
2. By Order dated 18th October, 2019, notice was issued to the respondent and the same has been served on the respondent as per postal tracking report on 19.11.2019. But there is no representation on behalf of the respondent.
3. In the aforesaid circumstances, I have heard learned counsel for the petitioner and perused the material on record.
4. Learned counsel for the petitioner submitted that the aforesaid case has been filed by the respondent in Sirohi in the Court of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan, while the petitioner is residing in Gandhinagar Gujarat which is a distance of about 237 Km. That it is not possible for the petitioner to travel all the way to Sirohi district of Rajasthan for the purpose of defending the aforesaid case. In such circumstances, the transfer of aforesaid divorce case has been sought.
5. As already noted, despite service of notice of the respondent, there is no representation.
6. Having regard to the facts pleaded in the petition and on hearing learned counsel for the petitioner, I find that it is just and appropriate to transfer the Divorce Case No. 94 of 2018 titled as “ Shri Kailash Chand Agrawal Vs. Smt. Mamta ” pending on the file of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan to the Court of the Additional Civil Judge & JMFC, Ghandinagar, Gujarat.
7. Ordered accordingly.
8. The petition is allowed in the aforesaid terms.
