2001 JTR(SC) 384
2002 AIR(SC) 396 ; 2001 AIR(SCW) 5193 ; 2001 AIR(SCW) 5193 1 ; 2001 AIR(SCW) 519301 ; 2002 1 KLJ(NOC) 36 ; 2002 10 SCC 41 ; 2002 KHC 1889 ; 2001 1 KLT(Online) 1022 ; 2001 5 Supreme 667
2001(5) Supreme 667
SUPREME COURT OF INDIA
S.P. Bharucha & Y.K. Sabharwal, JJ.
Sumita Singh -Petitioner
versus
Kumar Sanjay & Anr. -Respondents
Transfer Petition (C) No. 396 of 2000
Decided on 26-2-2001
(A) The jurisdictional provisions governing matrimonial proceedings under the relevant procedural statutes contemplate the transfer of a case where the convenience of the spouse is material and where the physical presence of one party would cause significant hardship. The provisions implicitly recognise that the geographical distance and the personal circumstances of a party, such as being compelled to reside far away from the matrimonial home, can render the continuation of the suit at the original place oppressive or impractical, thereby mandating a liberal approach to the transfer of the suit to ensure access to justice.
(B) The core legal principles are that the suit must be decided on the basis of convenience, especially of the spouse who is not the petitioner, and that the court must consider the practicality of attendance, the residence of the parties, and the absence of any compelling reason for the aggrieved party to remain at the original forum.
Facts of the case:
The wife filed a petition seeking the transfer of a matrimonial case instituted by the husband against her from Ara, Bhojpur to Delhi. She stated that she is living and working in Delhi, that she would be unable to travel the approximately 1100 kilometres distance to defend the proceedings, and that she has no family support in Ara as her parents reside in Gurgaon.
Findings of Court:
The court held that it is the husbands suit against the wife, and therefore the wifes convenience is the determinative factor. The circumstances indicated that the transfer is necessary to avoid undue hardship and to ensure the wifes ability to defend the proceedings.
Issues:
Whether the matrimonial proceedings should be transferred from Ara, Bhojpur to Delhi on the ground of the wifes inability to travel such a long distance and her absence of local support.
Ratio Decidendi:
The wifes convenience being the prime consideration, and the demonstrated difficulty and impracticality of her travelling 1100 kilometres from Delhi to Ara, coupled with her lack of support in Ara, are sufficient grounds to make the transfer petition absolute.
Result:
The matrimonial case was transferred from Ara, Bhojpur to the District Judge, Delhi, with no order as to costs and the petition was allowed.
(A) The jurisdictional provisions governing matrimonial proceedings under the relevant procedural statutes contemplate the transfer of a case where the convenience of the spouse is material and where the physical presence of one party would cause significant hardship. The provisions implicitly recognise that the geographical distance and the personal circumstances of a party, such as being compelled to reside far away from the matrimonial home, can render the continuation of the suit at the original place oppressive or impractical, thereby mandating a liberal approach to the transfer of the suit to ensure access to justice.
(B) The core legal principles are that the suit must be decided on the basis of convenience, especially of the spouse who is not the petitioner, and that the court must consider the practicality of attendance, the residence of the parties, and the absence of any compelling reason for the aggrieved party to remain at the original forum.
Facts of the case:
The wife filed a petition seeking the transfer of a matrimonial case instituted by the husband against her from Ara, Bhojpur to Delhi. She stated that she is living and working in Delhi, that she would be unable to travel the approximately 1100 kilometres distance to defend the proceedings, and that she has no family support in Ara as her parents reside in Gurgaon.
Findings of Court:
The court held that it is the husbands suit against the wife, and therefore the wifes convenience is the determinative factor. The circumstances indicated that the transfer is necessary to avoid undue hardship and to ensure the wifes ability to defend the proceedings.
Issues:
Whether the matrimonial proceedings should be transferred from Ara, Bhojpur to Delhi on the ground of the wifes inability to travel such a long distance and her absence of local support.
Ratio Decidendi:
The wifes convenience being the prime consideration, and the demonstrated difficulty and impracticality of her travelling 1100 kilometres from Delhi to Ara, coupled with her lack of support in Ara, are sufficient grounds to make the transfer petition absolute.
Result:
The matrimonial case was transferred from Ara, Bhojpur to the District Judge, Delhi, with no order as to costs and the petition was allowed.
ORDER
This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Ara, Bhojpur to Delhi. It is her case that she is now living and working in Delhi and that she would be unable to travel up and down from Delhi to Ara, a distance of about 1100 kilometres from Delhi, to defend the matrimonial proceedings. She also states that she has no one with whom she can stay in Ara because her parents are residents of Gurgaon.
2. Learned counsel for the husband states that the wife is an educated woman who is doing very well and can, therefore, travel to Ara while the husband is unemployed.
3. It is the husband s suit against the wife. It is the wife s convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute.
4. Accordingly, Matrimonial Case No. 30 of 2000 pending before the VIth Additional District and Sessions Judge, Ara, Bhojpur, Bihar shall stand transferred to the District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate Forum.
No order as to costs.
Petition allowed.
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