Supreme Court Grants Wife’s Plea to Transfer Divorce Case for Convenience

The Supreme Court of India, in the case of Minal Shardul Shah v. Shardul Narendra Shah, addressed a significant issue concerning the transfer of matrimonial cases based on the convenience of the wife. The case, Transfer Petition (Civil) No. 3021 of 2019, arose from an application seeking the transfer of a divorce petition filed by the respondent-husband from the Family Court, Ahmedabad, Gujarat, to the Family Court, Nashik, Maharashtra. The Supreme Court, in its judgment dated October 1, 2021, delivered by J.K. Maheshwari, allowed the transfer, as the respondent-husband had no objection.

Background of the Case

The dispute began when the respondent-husband, Shardul Narendra Shah, filed a petition under Section 13 of the Hindu Marriage Act, 1955, bearing case number H.M.P. No. 2487 of 2019, before the Family Court in Ahmedabad, Gujarat, seeking dissolution of marriage. The petitioner-wife, Minal Shardul Shah, sought the transfer of the case to Nashik, Maharashtra, citing inconvenience in attending hearings in Ahmedabad.

Key Legal Issues Before the Court

• Whether the wife’s plea for transfer should be granted based on inconvenience?
• Whether the husband’s consent to transfer is necessary for granting the request?
• Whether the principle of women’s convenience in matrimonial disputes should be applied?

Petitioner’s Arguments

The petitioner-wife, Minal Shardul Shah, contended that:

• She resides in Nashik, Maharashtra, and it would be difficult for her to travel frequently to Ahmedabad, Gujarat, for court hearings.
• Traveling such long distances alone poses a financial and physical hardship on her.
• Under settled legal precedents, transfer petitions in matrimonial cases should be considered in favor of the wife’s convenience unless strong reasons exist otherwise.

Respondent’s Arguments

The respondent-husband, Shardul Narendra Shah, through his counsel, informed the Court that he had no objection to the transfer of the case.

Supreme Court’s Judgment

The Supreme Court, after hearing both parties, ruled in favor of the petitioner-wife, holding that:

• Since the respondent-husband had no objection, there was no reason to deny the transfer request.
• The case was accordingly transferred from the Family Court, Ahmedabad, Gujarat, to the Family Court, Nashik, Maharashtra.
• The Family Court in Ahmedabad was directed to transmit the entire case records to the transferee court immediately.
• The transferee court was instructed to expedite the proceedings without unnecessary delays.

Key Extract from the Judgment

“During the course of the hearing, the learned counsel appearing for the respondent stated that the respondent has no objection to the proceedings in H.M.P. No. 2487 of 2019 pending in the Family Court at Ahmedabad, Gujarat, being transferred to the Family Court at Nashik, Maharashtra.”

Final Verdict

• The Supreme Court allowed the transfer petition.
• The divorce case was transferred from Ahmedabad to Nashik.
• The Ahmedabad Family Court was directed to send case records to Nashik without delay.

Impact of the Judgment

This ruling reinforces the principle that women’s convenience should be given priority in transfer petitions for matrimonial disputes. The decision:

• Ensures that women are not burdened with unnecessary travel and litigation hardships.
• Establishes that if the husband has no objection, the Court should promptly grant the transfer.
• Encourages a faster resolution of matrimonial disputes by avoiding logistical challenges.
• Sets a precedent for future cases where transfer petitions are filed based on the wife’s difficulty in attending court proceedings in a different location.

This case serves as an important reference for similar matrimonial disputes where transfer petitions are sought due to geographical inconvenience.

Petitioner Name: Minal Shardul Shah.
Respondent Name: Shardul Narendra Shah.
Judgment By: Justice J.K. Maheshwari.
Place Of Incident: Ahmedabad, Gujarat.
Judgment Date: 01-10-2021.

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