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DIPANKAR DATTA, MANMOHAN
Monika – Appellant
Versus
Nanda Gopal MD – Respondent
ORDER :
1. Read the office report dated 08th January, 2025. Service has been duly effected.
2. The marriage between the petitioner, Monika, and the respondent, Nanda Gopal MD, was solemnized on 27th March, 2024 at Thirumala Devasthanam at Tirupati, Andhra Pradesh. No child is born to them from such wedlock. However, the spouses have since drifted apart owing to differences arising by and between them.
3. The respondent instituted proceedings under Section 9 of the Hindu Marriage Act, 1955 bearing M.C. No. 3086 of 2024 titled Nanda Gopal MD vs. Monika before the court of the Principal Family Judge, Bangalore, Karnataka.
4. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the court of the Principal Family Judge, Bangalore, Karnataka to the court of the Family Judge at Puducherry.
5. The respondent has neither entered appearance nor has he filed any counter affidavit dealing with the statements/averments made in the transfer petition. We are, thus, inclined to the view that the respondent has no serious objection to grant of the prayer for transfer.
6. We are also otherwise satisfied, having regard to the inconvenience t
The court emphasized the necessity of transferring proceedings for convenience and access to justice, particularly when the respondent does not contest the transfer.
The court has the discretion to allow the transfer of proceedings under the Hindu Marriage Act, 1955 from one jurisdiction to another based on the facts and circumstances of the case.
The court has the authority to transfer family law proceedings to ensure convenience and justice for the parties involved, especially when significant hardship is present.
The court allowed the transfer of divorce proceedings to ensure convenience and justice for the petitioner.
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