Divorce Case Transfer: Supreme Court Orders Relocation of Matrimonial Suit for Wife’s Convenience
The Supreme Court of India, in a recent judgment, addressed the issue of transferring a matrimonial dispute from one state to another, prioritizing the convenience of the wife. The case involved Dr. Sharmila Bagchi @ Gangopadhayay (Petitioner) and her husband, Dr. Sourav Gangopadhayay (Respondent), where the wife sought the transfer of a pending divorce case from Burdwan, West Bengal, to Shamli, Uttar Pradesh.
Background of the Case
The case originated from a matrimonial dispute between the petitioner and the respondent. The couple, both medical professionals, were married on January 17, 2017. However, due to differences, the husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, in Burdwan, West Bengal, registered as MAT Suit No. 454 of 2018.
The wife, currently residing with her parents in Shamli, Uttar Pradesh, filed a petition before the Supreme Court seeking the transfer of the divorce proceedings to Shamli, citing difficulties in attending court hearings in a different state. She also mentioned that she had already initiated a maintenance petition in Shamli, making it more practical for her to contest both cases in the same jurisdiction.
Supreme Court’s Consideration
The Supreme Court took note of the petitioner’s difficulties and considered the facts that:
- The petitioner-wife was residing with her parents in Shamli.
- There were no children from the marriage.
- The respondent-husband did not appear in court or contest the transfer petition.
- A notice had been served on the respondent, but he did not file a counter affidavit.
Petitioner’s Arguments
The petitioner argued that she would face undue hardship in traveling long distances to attend hearings in Burdwan. She also emphasized that:
“Being a woman and residing at her parental home, it would be extremely inconvenient for her to travel to a different state to contest the divorce proceedings.”
Respondent’s Absence in the Proceedings
Despite receiving notice of the transfer petition, the respondent neither appeared before the court nor filed any objections. The Supreme Court observed that his non-appearance indicated that he was not keen on contesting the transfer request.
Supreme Court’s Ruling
The Court, in its order dated January 18, 2022, ruled in favor of the petitioner and transferred the divorce case to the Family Court, Shamli (U.P.), stating:
“Taking into consideration the averments made by the petitioner-wife that she is residing with her parents in Shamli, U.P., where she has also filed a maintenance petition, I deem it appropriate to allow the present transfer petition. Ordered accordingly.”
Additional Observations
The Supreme Court further directed:
- The immediate transfer of records from the Family Court in Burdwan to the Family Court in Shamli.
- The respondent-husband retains the right to seek modification or recall of the transfer order within three months if he can prove that he was not served with the notice properly.
Legal Implications
This ruling is significant as it reaffirms the Supreme Court’s stance on ensuring fairness and accessibility in matrimonial disputes. The decision aligns with past precedents where courts have prioritized the convenience of the wife in matrimonial cases, recognizing the logistical and financial challenges they often face in attending court proceedings far from their place of residence.
Key Takeaways
- The Supreme Court continues to uphold the principle that in matrimonial disputes, the wife’s convenience is a major factor in deciding transfer petitions.
- Failure to appear or contest a transfer petition may result in the case being decided ex parte.
- The ruling emphasizes judicial sensitivity towards women’s challenges in accessing legal recourse in different states.
Conclusion
The Supreme Court’s decision to transfer the divorce case from Burdwan to Shamli provides relief to the petitioner-wife, ensuring she does not face undue hardship in attending proceedings. This judgment once again underscores the judiciary’s approach in matrimonial cases, favoring fairness and convenience for the affected parties, particularly women.
Petitioner Name: Sharmila Bagchi @ Gangopadhayay.Respondent Name: Sourav Gangopadhayay.Judgment By: Justice Surya Kant.Place Of Incident: Burdwan, West Bengal.Judgment Date: 18-01-2022.
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