Supreme Court Denies Transfer of Divorce Case but Grants Travel Expenses to Wife

The Supreme Court of India recently ruled on a transfer petition filed by the petitioner-wife, Ruchika Swain, seeking to shift the divorce proceedings filed by her husband, Sandeep Kumar Mallick, from Vizianagaram, Andhra Pradesh, to Cuttack, Odisha. While the Court denied the transfer request, it directed the husband to pay the wife Rs. 10,000 per hearing to cover travel, boarding, and lodging expenses.

Background of the Case

The petitioner-wife, Ruchika Swain, approached the Supreme Court, citing difficulties in attending the divorce proceedings at the Senior Civil Judge’s Court in Vizianagaram, Andhra Pradesh. She requested the case be transferred to the Family Court in Cuttack, Odisha, citing logistical and financial hardships.

Read also: https://judgmentlibrary.com/supreme-court-allows-virtual-divorce-proceedings-amid-transfer-petition/

Supreme Court’s Decision

After hearing the arguments and reviewing the records, the Supreme Court ruled that the case should continue in Vizianagaram. However, to ensure fairness, the Court ordered the husband to pay the wife Rs. 10,000 per hearing for travel, boarding, and lodging expenses. The Court also directed the trial court to conclude the divorce proceedings within one year.

Implications of the Judgment

• The Supreme Court acknowledged the wife’s difficulties but found no compelling reason to transfer the case.
• The financial support order ensures that the wife can attend the proceedings without excessive hardship.
• The directive to expedite the case prevents undue delays in the legal process.

Conclusion

The ruling balances the interests of both parties, allowing the divorce case to proceed efficiently while ensuring that the wife is not financially burdened. It sets a precedent for providing financial assistance in matrimonial cases where transfer requests are denied.

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

Petitioner Name: Ruchika Swain.
Respondent Name: Sandeep Kumar Mallick.
Judgment By: Justice S. Ravindra Bhat.
Place Of Incident: Vizianagaram, Andhra Pradesh.
Judgment Date: 04-10-2021.

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