2000 JTR(SC) 547
2000 AIR(SC) 3575 ; 2000 AIR(SCW) 3735 ; 2000 2 HinduLR 348 ; 2000 4 ICC 263 ; 2001 1 JLJR(SC) 510 ; 2000 8 JT 306 ; 2001 2 PLJR(SC) 4 ; 2000 KHC 1882 ; 2000 7 Supreme 56
2000(7) Supreme 56
SUPREME COURT OF INDIA
S.P. Bharucha, S. Rajendra Babu & Mrs. Ruma Pal, JJ.
M. Premlatha -Appellant
versus
S. Sivaram -Respondent
Transfer Petition No. 221 of 1999
Decided on 13-3-2000
Act Referred :CIVIL PROCEDURE CODE : S.25
(A) The Civil Procedure Code, Section 25, provides the statutory basis for the transfer of matrimonial proceedings between courts, particularly when the convenience of the parties and the interest of justice so require. In this case, the provisions of the Act are invoked to facilitate the transfer of the case from the court at Saroornagar, Hyderabad, to the Special Court at Kottayam, Kerala, where the matrimonial dispute originally initiated by the wife is pending. This application underscores the interplay between the procedural mechanisms for transferring cases and the protection against potential physical harm, ensuring the adjudication of disputes in a safe and convenient forum for the involved parties.
(B) The core legal principle affirmed is that the interest of justice and the safety of the parties are paramount considerations for the transfer of matrimonial proceedings under the Civil Procedure Code.
Facts of the case:
The wife has filed a petition for the dissolution of marriage in a court at Kottayam, Kerala, where she resides with her retired parents. The husband has filed a counter petition in a court in Saroornagar, Hyderabad. The wife seeks transfer of the proceedings to Kottayam, citing apprehension of physical harm should she have to travel to Hyderabad. The husband also expresses apprehension of violence from the wifes father.
Findings of Court:
The court observed that perusal of the papers indicates that it is in the interest of justice that the transfer petition should be allowed. The husband is not represented, and the court finds merit in the wifes apprehension.
Issues:
Whether the matrimonial proceedings initiated by the husband in Hyderabad should be transferred to the court at Kottayam, Kerala.
Ratio Decidendi:
The transfer is ordered based on the interest of justice, taking into account the wifes initial filing in Kottayam and the apprehension of physical hurt if the proceedings continue in Hyderabad.
Result:
The transfer petition is allowed, and the case is ordered to be transferred to the Special Court, Kottayam, Kerala. No order as to costs is made.
(A) The Civil Procedure Code, Section 25, provides the statutory basis for the transfer of matrimonial proceedings between courts, particularly when the convenience of the parties and the interest of justice so require. In this case, the provisions of the Act are invoked to facilitate the transfer of the case from the court at Saroornagar, Hyderabad, to the Special Court at Kottayam, Kerala, where the matrimonial dispute originally initiated by the wife is pending. This application underscores the interplay between the procedural mechanisms for transferring cases and the protection against potential physical harm, ensuring the adjudication of disputes in a safe and convenient forum for the involved parties.
(B) The core legal principle affirmed is that the interest of justice and the safety of the parties are paramount considerations for the transfer of matrimonial proceedings under the Civil Procedure Code.
Facts of the case:
The wife has filed a petition for the dissolution of marriage in a court at Kottayam, Kerala, where she resides with her retired parents. The husband has filed a counter petition in a court in Saroornagar, Hyderabad. The wife seeks transfer of the proceedings to Kottayam, citing apprehension of physical harm should she have to travel to Hyderabad. The husband also expresses apprehension of violence from the wifes father.
Findings of Court:
The court observed that perusal of the papers indicates that it is in the interest of justice that the transfer petition should be allowed. The husband is not represented, and the court finds merit in the wifes apprehension.
Issues:
Whether the matrimonial proceedings initiated by the husband in Hyderabad should be transferred to the court at Kottayam, Kerala.
Ratio Decidendi:
The transfer is ordered based on the interest of justice, taking into account the wifes initial filing in Kottayam and the apprehension of physical hurt if the proceedings continue in Hyderabad.
Result:
The transfer petition is allowed, and the case is ordered to be transferred to the Special Court, Kottayam, Kerala. No order as to costs is made.
ORDER
This is a Transfer Petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Saroornagar, Hyderabad to Kottayam, Kerala. It is her case that she had already filed a petition for dissolution of the marriage in the Court at Kottayam where she was residing with her retired parents. She is now working in Bangalore. It appears that the conduct of the husband has caused apprehension of physical hurt, should the wife go to Hyderabad to contest matrimonial proceedings.
2. The husband has been served, has filed the counter but is not represented. The allegation in the counter is that he is apprehensive of going to Kottayam because he apprehends violence from the wife s father who is a "rowdy sheeter". Perusal of the papers indicates that it is in the interest of justice that the transfer petition should be allowed, accordingly, OP No. 179/98 pending before the Principal Senior Civil Judge, Rangareddy District at Saroornagar, Hyderabad should stand transferred to the Special Court, Kottayam, Kerala. Order on the Transfer Petition accordingly. No order as to costs.
(C.R.) Petition allowed.
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