2000 JTR(SC) 95
2000 AIR(SC) 3406 ; 2000 AIR(SCW) 1811 ; 2000 3 AllMR(SC) 250 ; 2000 2 EastCrC(SC) 494 ; 2000 1 HinduLR 413 ; 2000 2 JT 464 ; 2000 9 SCC 355 ; 2000 KHC 1798 ; 2000 1 KLT(Online) 916 ; 2000 6 Supreme 34501 ; 2000 7 Supreme 54302
2000(7) Supreme 543
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Lalita A. Ranga -Appellant
versus
Ajay Champalal Ranga -Respondent
Transfer Petition (C) No. 301 of 1999
Decided on 13-1-2000
Act Referred :CONSTITUTION OF INDIA : Item.68, Art.139
(A) The provisions of the Constitution of India, particularly Article 139 read with Item 68, are relevant to the exercise of jurisdiction and the procedural mechanisms for the transfer of matrimonial proceedings, ensuring that the adjudication remains accessible to the aggrieved party without being unduly burdened by geographical constraints. The constitutional framework supports the invocation of inherent powers to achieve substantial justice in matrimonial disputes when logistical hardships are convincingly demonstrated.
(B) The key legal principles include the inherent power of the court to transfer matrimonial proceedings to ensure accessibility and fairness, the requirement of proper service of notices through authorized agents, and the discretion to grant costs based on the circumstances of the case.
Facts of the case:
A divorce petition was instituted in a Family Court at Mumbai, but the respondent was served through his local advocate at Bombay. The petitioner, who is stationed at Jaipur and is facing difficulties in contesting the proceedings due to the presence of a small child, filed a Transfer Petition seeking relocation of the case to Jaipur.
Findings of Court:
The court noted that the respondent was properly served and no one appeared on his behalf. Considering the difficulties faced by the petitioner-wife in traveling from Jaipur to Bombay, the court found it fit to grant the transfer petition to ensure fair adjudication without undue hardship.
Issues:
Whether the Family Court at Mumbai is the appropriate forum for the petitioner to pursue the matrimonial dispute, and whether the court has the jurisdiction to transfer the proceedings to where the petitioner is residing.
Ratio Decidendi:
The courts inherent powers under Article 139 of the Constitution, read with Item 68, justify the transfer of matrimonial proceedings to remove practical barriers to access to justice, especially when the respondent has been served through authorized representation and the petitioner faces significant personal hardships.
Result:
The Transfer Petition is allowed, and the matrimonial proceedings are transferred from the Family Court at Mumbai to the Family Court at Jaipur for further action, with no costs awarded.
(A) The provisions of the Constitution of India, particularly Article 139 read with Item 68, are relevant to the exercise of jurisdiction and the procedural mechanisms for the transfer of matrimonial proceedings, ensuring that the adjudication remains accessible to the aggrieved party without being unduly burdened by geographical constraints. The constitutional framework supports the invocation of inherent powers to achieve substantial justice in matrimonial disputes when logistical hardships are convincingly demonstrated.
(B) The key legal principles include the inherent power of the court to transfer matrimonial proceedings to ensure accessibility and fairness, the requirement of proper service of notices through authorized agents, and the discretion to grant costs based on the circumstances of the case.
Facts of the case:
A divorce petition was instituted in a Family Court at Mumbai, but the respondent was served through his local advocate at Bombay. The petitioner, who is stationed at Jaipur and is facing difficulties in contesting the proceedings due to the presence of a small child, filed a Transfer Petition seeking relocation of the case to Jaipur.
Findings of Court:
The court noted that the respondent was properly served and no one appeared on his behalf. Considering the difficulties faced by the petitioner-wife in traveling from Jaipur to Bombay, the court found it fit to grant the transfer petition to ensure fair adjudication without undue hardship.
Issues:
Whether the Family Court at Mumbai is the appropriate forum for the petitioner to pursue the matrimonial dispute, and whether the court has the jurisdiction to transfer the proceedings to where the petitioner is residing.
Ratio Decidendi:
The courts inherent powers under Article 139 of the Constitution, read with Item 68, justify the transfer of matrimonial proceedings to remove practical barriers to access to justice, especially when the respondent has been served through authorized representation and the petitioner faces significant personal hardships.
Result:
The Transfer Petition is allowed, and the matrimonial proceedings are transferred from the Family Court at Mumbai to the Family Court at Jaipur for further action, with no costs awarded.
ORDER
We have seen the affidavit filed by the learned counsel for the petitioner showing that all the necessary papers including the notice issued by this Court were served on the respondent through his local advocate at Bombay M/s. Joy Legal Consultants. In view of this affidavit it appears that the respondent is already served through his duly authorised agent so far as these proceedings are concerned. No one has appeared today in these proceedings on behalf of the respondent. Hence, having heard learned counsel for the petitioner and in the facts and circumstances of this case we deem it fit to grant this Transfer Petition looking to the difficulties faced by the petitioner-wife to contest these proceedings at Bombay when she is stationed at Jaipur. She is having a small child also with her. Therefore, it is obvious that it will be difficult for her to go all the way from Jaipur to Bombay to contest the proceedings from time to time.
2. The Transfer Petition is accordingly allowed. Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Mrs. Lalita A. Ranga shall stand transferred from the Family Court Bandra in Mumbai to the Family Court at Jaipur for proceeding further in accordance with law.
3. No costs.
Petition allowed.
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