Divorce Case Transfer: Supreme Court Allows Wife’s Plea for Convenience

The Supreme Court of India, in the case of Shakun Srivastava v. Prem Prakash Srivastava, addressed a significant issue concerning transfer of matrimonial disputes. This case, registered as Transfer Petition (Civil) No. 1840 of 2018, involved the wife’s request to transfer a Hindu Marriage Act, 1956 petition filed by her husband from the Family Court, Gorakhpur, Uttar Pradesh, to the Family Court, Bhopal, Madhya Pradesh. The Supreme Court, in its judgment dated October 4, 2021, delivered by S. Ravindra Bhat, allowed the transfer request in favor of the wife.

Background of the Case

The case originated when the respondent-husband, Prem Prakash Srivastava, filed a petition under Section 9 of the Hindu Marriage Act, 1956 (for restitution of conjugal rights) before the Principal Judge, Family Court, Gorakhpur. The petitioner-wife, Shakun Srivastava, contested the filing of the case in Gorakhpur, citing inconvenience and hardship in attending proceedings there, as she was residing in Bhopal, Madhya Pradesh.

Petitioner’s Arguments

The petitioner-wife argued that:

• She had already initiated a separate case under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) for maintenance, which was pending in Bhopal, Madhya Pradesh.
• Her residence was in Bhopal, and it would be financially and physically difficult for her to travel frequently to Gorakhpur for court hearings.
• The respondent-husband had been served notice regarding the transfer petition but had not appeared in court or opposed the transfer.
• Since the respondent was already aware of the pending proceedings in Bhopal, transferring the case would prevent unnecessary hardship and legal complications.

Respondent’s Arguments

The respondent-husband did not appear before the Supreme Court to contest the transfer petition. Despite receiving notices on multiple occasions, there was no representation from his side. The Supreme Court recorded that he had been made aware of the case but chose not to participate.

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Supreme Court’s Judgment

After reviewing the facts and the petitioner’s plea, the Supreme Court ruled in favor of the wife, holding that:

• There was no opposition from the respondent-husband to the transfer request.
• The petitioner-wife had a genuine difficulty in traveling to Gorakhpur for hearings.
• The case under Section 125 CrPC was already pending in Bhopal, so consolidating both cases in one court would serve the interest of justice.
• The Supreme Court has previously held in multiple cases that women’s convenience should be given paramount consideration in matrimonial disputes.

Key Extract from the Judgment

“Having regard to the pleadings and the submissions made on behalf of the petitioner, this Court is of the opinion that request for transfer of proceedings from the Family Court, Gorakhpur, Uttar Pradesh, to the Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh, is justified.”

Final Verdict

• The Supreme Court allowed the transfer petition, ordering that the case be shifted from Gorakhpur to Bhopal.
• The Family Court at Gorakhpur was directed to transmit the entire record of the case to the Family Court at Bhopal immediately.
• The transferee court in Bhopal was instructed to expeditiously decide the case by December 31, 2022.
• The Supreme Court’s registry was ordered to send a copy of the judgment to both the courts for compliance.

Impact of the Judgment

The ruling aligns with previous decisions where the Supreme Court has prioritized women’s convenience in matrimonial disputes. The decision reinforces:

• Ease of access to justice for women who face financial and logistical difficulties in attending court hearings far from their place of residence.
• The principle that matrimonial cases should be transferred in favor of the wife, unless strong reasons exist otherwise.
• Faster disposal of matrimonial disputes by consolidating multiple related cases in one jurisdiction.
• Encouragement for absentee respondents to participate in legal proceedings instead of delaying matters.

This judgment sets a precedent that may be referred to in future cases where one spouse seeks transfer of matrimonial proceedings due to practical hardships.

Petitioner Name: Shakun Srivastava.
Respondent Name: Prem Prakash Srivastava.
Judgment By: Justice S. Ravindra Bhat.
Place Of Incident: Gorakhpur, Uttar Pradesh.
Judgment Date: 04-10-2021.

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