1. Petition for transfer of divorce proceedings from one jurisdiction to another. (Para 1 )
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1999 Supreme(SC) 1147
SUPREME COURT OF INDIA
N.Santosh Hegde : V.N.Khare
Geeta Heera
Versus
Harish Chander Heera
Case No. : 292 of 1992
Date of Decision : 10/4/99
A matrimonial proceeding may be transferred to another jurisdiction if the petitioner demonstrates a lack of sufficient funds to attend the proceedings in the current court.
Headnote:(A) Transfer Petition - Matrimonial Proceedings - Divorce Petition - Transfer of case on grounds of financial hardship and safety concerns - Court satisfied that the petitioner lacks sufficient funds to attend proceedings in the current jurisdiction - Transfer of the petition to the requested jurisdiction allowed. (Para 2)
Facts of the case:
A petition was filed by the wife seeking the transfer of a divorce petition pending in a court in one state to a court in another state. The grounds for the transfer were the lack of sufficient funds to attend the proceedings and a perceived danger to her life if she visited the current location of the proceedings.
Findings of Court:
The court found it satisfactory that the petitioner did not have sufficient funds to attend the proceedings in the original jurisdiction.
Issues: Whether the divorce petition should be transferred from the current court to another court based on the petitioner's financial constraints and safety concerns.
Ratio Decidendi: Financial inability of a spouse to attend court proceedings in a distant jurisdiction is a valid ground for the transfer of a matrimonial petition.
Result: Transfer petition allowed.
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Table of Contents
2. Petitioner seeks transfer of proceedings on grounds of financial inability to attend and threat to life. (Para 2 )
3. Lack of sufficient funds to attend proceedings is a valid ground for transferring a divorce petition. (Para 2 )
4. Financial inability of a party to attend proceedings may justify the transfer of a divorce petition. (Para 2 )
5. Transfer petition allowed; divorce proceedings transferred to the requested jurisdiction. (Para 3 )
6. Can a divorce petition be transferred based on the financial status of a party?
Yes, the court may transfer a divorce petition if the petitioner demonstrates a lack of sufficient funds to attend the proceedings in the current jurisdiction. (Para 2 )
7. What other grounds may be raised for the transfer of a divorce petition?
Grounds such as a threat to the life of the party if they visit the jurisdiction where the proceedings are pending may be raised. (Para 2 )
V.N.KHARE, J.
(1) THIS petition at the instance of the wife seeks transfer of Divorce Petition No. 6 of 1999 pending in the Court of Civil Judge, Senior Division, Saharanpur, Uttar Pradesh titled as Harish Chander v. Geeta Heera to the Court of District Judge, Kamal, Haryana.
(2) THE grounds for transfer as alleged in the petition are that the petitioner has no sufficient money to attend the proceedings of the suit at Saharanpur and further there is a great danger to her life if she visits Saharanpur in connection with the said proceeding. On the first ground that the petitioner does not have sufficient funds, without going into the second ground, we are satisfied that the divorce petition pending at Saharaipur be required to be transferred to Karnal.
(3) WE, therefore, direct the transfer of Divorce Petition No. 6 of 1999 pending in the Court of Civil Judge, Senior Division, Saharanpur, Uttar Pradesh titled as Harish Chancier v. Geeta Heera to the District Judge, Karnal, Haryana. The District Judge, Karnal on receipt of the record either try the case himself or transfer it to any other competent court for decision. The transfer petition is allowed accordingly. There shall be no order as to costs.
