Supreme Court Allows Virtual Divorce Proceedings Amid Transfer Petition

The Supreme Court of India recently ruled on a transfer petition filed by the petitioner-wife, Pooja Hemani @ Namrata Hemdev, seeking the transfer of a divorce petition filed by her husband, Manish Hemdev, from the Family Court in Chennai, Tamil Nadu, to the Family Court in Varanasi, Uttar Pradesh. In a significant move, the Court denied the transfer but allowed virtual hearings for the convenience of the petitioner.

Background of the Case

The petitioner-wife had approached the Supreme Court requesting the transfer of the ongoing divorce proceedings from Chennai to Varanasi, citing personal difficulties in attending court proceedings in Chennai. The respondent-husband had opposed the transfer, arguing that the case should continue in Chennai.

Read also: https://judgmentlibrary.com/supreme-court-transfers-divorce-case-from-varanasi-to-muzaffarpur-for-wifes-convenience/

Supreme Court’s Decision

After hearing both parties, the Supreme Court ruled that a transfer was not warranted in this case. However, in the interest of justice, the Court issued directions to facilitate the virtual participation of the petitioner in the divorce proceedings. The Court ordered:

• If video/electronic infrastructure is available, the Family Court in Chennai shall conduct proceedings online to ensure the effective participation of both parties.
• If the physical presence of the petitioner is required, the court should fix successive or consecutive dates that are convenient for her.
• The Family Court in Chennai was directed to decide the case as expeditiously as possible.

Implications of the Ruling

This ruling marks an important development in the legal landscape, particularly in family law cases, as it acknowledges the need for virtual hearings to accommodate parties facing logistical difficulties. The decision ensures that access to justice is not hindered by geographical constraints.

Read also: https://judgmentlibrary.com/supreme-court-transfers-matrimonial-case-from-delhi-to-nainital-for-convenience-of-both-parties/

Conclusion

By allowing virtual hearings instead of a transfer, the Supreme Court has balanced the convenience of the parties while ensuring a fair and swift judicial process. The Family Court in Chennai is now bound to comply with the Supreme Court’s directions to facilitate the proceedings efficiently.

Petitioner Name: Pooja Hemani @ Namrata Hemdev.
Respondent Name: Manish Hemdev.
Judgment By: Justice S. Ravindra Bhat.
Place Of Incident: Chennai, Tamil Nadu.
Judgment Date: 04-10-2021.

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