1. Transfer petition — Divorce proceeding — Request for transfer of jurisdiction based on the residence of the petitioner. (Para 1 , 3 )
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2021 Supreme(SC) 1093
SUPREME COURT OF INDIA
B.V. Nagarathna, J.
Rashmi Rohan Shetty - Petitioner
Versus
Rohan Raghunath Shetty – Respondent
Transfer Petition(S)(Civil) No. 3044 of 2019
Decided On : 25-10-2021
Important Points
The court has the discretion to transfer a divorce petition to a Court of competent jurisdiction based on the petitioner's residence and the distance between the locations.
Subject
Family Law - Divorce and Separation
Headnote
Transfer Petition - Divorce Petition - The court allowed the transfer petition filed by the petitioner-wife seeking transfer of the divorce petition from the Family Court at Thane, Maharashtra to a Court of competent jurisdiction at Mangalore, Karnataka, considering the petitioner's residence and the distance between the two locations.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking transfer of the divorce petition filed by the respondent-husband from the Family Court at Thane, Maharashtra to a Court of competent jurisdiction at Mangalore, Karnataka.
Finding of the Court:
The court allowed the transfer petition, directing the transfer of the divorce petition to the competent Family Court at Mangalore, Karnataka, considering the petitioner's residence and the distance between the two locations.
Issues: Transfer of divorce petition to a Court of competent jurisdiction based on petitioner's residence and distance between the locations.
Ratio Decidendi: The court considered the petitioner's residence and the considerable distance between Thane, Maharashtra and Mangalore, Karnataka in allowing the transfer petition.
Final Decision: The transfer petition was allowed, and the divorce petition was directed to be transferred to the competent Family Court at Mangalore, Karnataka.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appelant : Mr. Shekhar G Devasa, Adv. Mr. Manish Tiwari, Adv. Mr. Shashi Bhushan Nagar, Adv. Mr. Ramesh Jadhav, Adv. M/S. Devasa & Co., AOR
For the Respondent: Mr. Anantha Narayana M.g., AOR
Advocate Appeared:
For the Appelant : Mr. Shekhar G Devasa, Adv. Mr. Manish Tiwari, Adv. Mr. Shashi Bhushan Nagar, Adv. Mr. Ramesh Jadhav, Adv. M/S. Devasa & Co., AOR
For the Respondent: Mr. Anantha Narayana M.g., AOR
Table of Contents
2. Petitioner — Request for transfer based on current residence — Respondent — No objection to the transfer. (Para 3 , 4 )
3. Consideration of the considerable distance between courts and the difficulty faced by the petitioner in effectively defending the proceedings. (Para 5 )
4. Transfer of proceedings is granted to enable a party to effectively defend the matter, considering the distance between jurisdictions and pleaded difficulties. (Para 5 )
5. Petition allowed — Divorce petition transferred to the competent Family Court of the petitioner's residence. (Para 5 , 7 )
6. Under what circumstances may a court grant a transfer of a divorce petition?
A court may grant a transfer when the distance between the current court and the party's residence is considerable and the party faces difficulties that hinder their ability to effectively defend the proceedings. (Para 5 )
ORDER :
1. This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent- husband in the Family Court at Thane, Maharashtra, to a Court of competent jurisdiction at Mangalore, Dakshin Kannada District, Karnataka.
2. Heard learned counsel for the petitioner and learned counsel for the respondent.
3. It is submitted that the petitioner is presently residing at Mangalore, Karnataka and hence the aforesaid matter may be transferred to the competent court of jurisdiction at Mangalore.
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 Thane, Maharashtra and Mangalore at Karnataka being considerable and in order to enable the petitioner to effectively defend the aforesaid petition, the aforesaid petition namely M.P. No. A123/2019 titled as “Mr. Rohan Raghunath Shetty Vs. Mrs. Rashmi Rohan Shetty” is directed to be transferred to a Court of competent jurisdiction that is the competent Family Court, at Mangalore, Karnataka.
6. It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Mangalore for expeditious disposal of the petition.
7. The Petition is allowed and disposed of in the aforesaid terms.
