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

The Supreme Court of India recently ruled in favor of a wife seeking the transfer of a divorce petition from Rajasthan to Uttar Pradesh. The case involved a petition filed under Section 25 of the Code of Civil Procedure, 1908, where the petitioner, Jyoti Jaiswal, requested the transfer of her husband’s divorce case from Lalsot, Rajasthan, to Ghazipur, Uttar Pradesh, citing convenience and hardship.

Background of the Case

Jyoti Jaiswal, the petitioner, sought the transfer of Divorce Petition No. 10/2017, titled Neeraj Kumar Gupta vs. Smt. Jyoti Jaiswal, from the Additional District & Sessions Judge in Lalsot, Rajasthan, to a competent court in Ghazipur, Uttar Pradesh. The request was based on her inability to travel long distances and her financial and personal constraints.

Petitioner’s Arguments

The petitioner argued that:

• She was residing in Ghazipur, Uttar Pradesh, and it was difficult for her to travel to Lalsot, Rajasthan, for court proceedings.
• She faced financial difficulties and lacked independent means to bear the expenses of traveling long distances for court appearances.
• She feared for her safety and security, citing concerns about attending proceedings in a distant location.
• In similar cases, the Supreme Court had previously allowed transfers to courts near the wife’s residence, considering the principle of convenience.

Respondent’s Arguments

The husband, Neeraj Kumar Gupta, opposed the transfer, arguing that:

• The case was originally filed in Rajasthan, where he resided, and shifting the case would cause him inconvenience.
• The petitioner had no substantial reason to seek a transfer apart from personal preference.
• Since the case was already in progress, transferring it to another jurisdiction would lead to unnecessary delays in proceedings.

Supreme Court’s Judgment

The Supreme Court carefully considered the arguments of both parties and emphasized the principle of fairness and convenience in matrimonial cases. The Court stated:

“Considering the facts and circumstances and the material on the record, this Court is of the opinion that prayer for transfer of proceedings from the Court of Ld. Additional District & Session Judge, Lalsot, District Dausa, Rajasthan to the competent Court at Ghazipur, U.P., is justified.”

The Court further directed:

“The Additional District and Sessions Court at Rajasthan is directed to transmit the entire record of the aforesaid case to the transferee Court at Ghazipur, U.P., immediately.”

Final Decision

The Supreme Court allowed the transfer petition and directed the Rajasthan court to send all case records to the appropriate court in Ghazipur, Uttar Pradesh. Additionally, it instructed the transferee court to expedite the case proceedings.

Read also: https://judgmentlibrary.com/transfer-of-divorce-petition-supreme-court-rules-in-favor-of-petitioners-request/

Conclusion

This judgment reinforces the principle that matrimonial cases should be heard in locations convenient for both parties, particularly when the wife faces financial and logistical hardships. The ruling ensures that justice remains accessible and that litigants are not unfairly burdened by court locations.

Petitioner Name: Jyoti Jaiswal.
Respondent Name: Neeraj Kumar Gupta.
Judgment By: Justice B.V. Nagarathna.
Place Of Incident: Lalsot, Rajasthan.
Judgment Date: 22-11-2021.

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