2001 JTR(SC) 692
2001 2 DMC 177 ; 2001 2 HinduLR 345 ; 2001 4 Scale 440 ; 2003 10 SCC 609 ; 2001 5 SLT 10 ; 2001 5 Supreme 72301
2001(5) Supreme 723
SUPREME COURT OF INDIA
S.P. Bharucha, Doraiswamy & Y.K. Sabharwal, JJ.
Amita Shah -Appellant
versus
Virender Lal Shah -Respondent
Transfer Petition (C) No. 663 of 2000
Decided on 16-4-2001
Act Referred :CIVIL PROCEDURE CODE : S.25
(A) The Civil Procedure Code, Section 25 governs the transfer of pending proceedings to ensure convenience and justice for the parties involved. In this matter, the provisions of Section 25 are invoked to assess the transfer of a divorce petition from one district to another, weighing the convenience of the parties, the location of the child, and the feasibility of continued litigation. The section provides the necessary legal basis for the High Court or lower courts to exercise discretion in ordering the transfer of a case where substantial grounds exist.
(B) The key legal principles revolve around the welfare of the parties, particularly the child, the practicality of the proceedings, and the avoidance of undue hardship. The court must balance the convenience of the petitioner and the defendant while ensuring that the substantive rights of the parties are not prejudiced by the transfer.
Facts of the case:
A wife filed a petition seeking the transfer of a divorce case initiated by her husband from the District Court, Delhi, to the District Court, Chamoli. She stated that she works in Chamoli, the child is residing with her, and the travel time between Chamoli and Delhi is 13 to 14 hours. She also stated that there is no one to accompany her and no place to stay in Delhi. The husband opposed the transfer, suggesting an alternative location such as Nainital or Almora.
Findings of Court:
The court acknowledged the hardship faced by the wife due to travel and accommodation issues. It recognized that the convenience of the wife and, more importantly, the minor child must be prioritized in deciding the transfer petition.
Issues:
Whether the divorce petition should be transferred to a location more convenient for the wife and child, considering the hardship caused by the current location.
Ratio Decidendi:
The court held that the transfer petition must be granted because the wifes and childs convenience and well-being outweigh the husbands preference for the venue, making the transfer just and necessary under Section 25 of the Civil Procedure Code.
Result:
The divorce petition was transferred from the Additional District Judge, Delhi, to the Court of District Judge, District Courts, Gopeshwar, Chamoli, and the transfer application was allowed without an order as to costs.
(A) The Civil Procedure Code, Section 25 governs the transfer of pending proceedings to ensure convenience and justice for the parties involved. In this matter, the provisions of Section 25 are invoked to assess the transfer of a divorce petition from one district to another, weighing the convenience of the parties, the location of the child, and the feasibility of continued litigation. The section provides the necessary legal basis for the High Court or lower courts to exercise discretion in ordering the transfer of a case where substantial grounds exist.
(B) The key legal principles revolve around the welfare of the parties, particularly the child, the practicality of the proceedings, and the avoidance of undue hardship. The court must balance the convenience of the petitioner and the defendant while ensuring that the substantive rights of the parties are not prejudiced by the transfer.
Facts of the case:
A wife filed a petition seeking the transfer of a divorce case initiated by her husband from the District Court, Delhi, to the District Court, Chamoli. She stated that she works in Chamoli, the child is residing with her, and the travel time between Chamoli and Delhi is 13 to 14 hours. She also stated that there is no one to accompany her and no place to stay in Delhi. The husband opposed the transfer, suggesting an alternative location such as Nainital or Almora.
Findings of Court:
The court acknowledged the hardship faced by the wife due to travel and accommodation issues. It recognized that the convenience of the wife and, more importantly, the minor child must be prioritized in deciding the transfer petition.
Issues:
Whether the divorce petition should be transferred to a location more convenient for the wife and child, considering the hardship caused by the current location.
Ratio Decidendi:
The court held that the transfer petition must be granted because the wifes and childs convenience and well-being outweigh the husbands preference for the venue, making the transfer just and necessary under Section 25 of the Civil Procedure Code.
Result:
The divorce petition was transferred from the Additional District Judge, Delhi, to the Court of District Judge, District Courts, Gopeshwar, Chamoli, and the transfer application was allowed without an order as to costs.
ORDER
This is a transfer petition by the wife. She seeks the transfer of the divorce petition filed against her by her husband from the District Court, Delhi to the District Court, Chamoli. It is the case of the petitioner that she works as a teacher in Chamoli and that the three year old child of the marriage is residing with her. The distance between Chamoli and Delhi requires 13 to 14 hours and there is no one to accompany her. Also, that there is no place where she could stay in Delhi. The defence is that the transfer should be effected not to Chamoli but to some place in between, such as Nainital or Almora. The divorce petition has been filed by the husband. He has chosen to file it at Delhi where he is presently residing. The convenience of the wife and, more particularly, the minor child of the marriage must be taken into account. We think that, in these circumstances, the transfer petition must be made absolute.
2. Accordingly, Divorce Petition H.M.A. No. 573/2000 pending before the Additional District Judge, Delhi shall stand transferred to the Court of District Judge, District Courts, Gopeshwar, Distt. Chamoli, Garhwal, Uttaranchal.
No order as to costs.
Transfer application allowed.
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