Supreme Court Grants Wife’s Plea for Transfer of Divorce Case from Rajasthan to Haryana

The Supreme Court of India, in the case of Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi @ Tinku, ruled on the transfer of a divorce case from Alwar, Rajasthan, to Bhiwani, Haryana, in consideration of the convenience and welfare of the petitioner-wife. The Court also disposed of a contempt petition related to the case.

Background of the Case

The petitioner, Nitu Devi Somvanshi, approached the Supreme Court under Section 25 of the Code of Civil Procedure (CPC), seeking the transfer of divorce proceedings initiated by her husband, Rajendra Singh Somvanshi @ Tinku, from the Family Court in Alwar, Rajasthan, to the Family Court in Bhiwani, Haryana.

The transfer plea was filed on the grounds that the petitioner-wife resided in Bhiwani and faced significant hardship in attending proceedings in Alwar. The respondent-husband did not object to the transfer request.

Legal Issues Considered

The Supreme Court examined the following key legal questions:

Whether the petitioner’s claim of hardship justified the transfer of the case.
Whether the convenience of the wife should be given priority in matrimonial disputes.
The necessity of an expeditious trial post-transfer.
The impact of the transfer on the respondent-husband.

Arguments by the Petitioner

The petitioner-wife contended that:

She resided in Bhiwani, Haryana, and had no independent source of income.
Traveling to Alwar, Rajasthan, for each hearing was financially and physically burdensome.
As per established judicial precedents, in matrimonial cases, the convenience of the wife is given preference in transfer petitions.
The respondent-husband had no objection to the transfer, indicating no prejudice would be caused to him.

Arguments by the Respondent

The respondent-husband did not oppose the transfer petition and conveyed his consent to the transfer of proceedings to Bhiwani, Haryana.

Supreme Court’s Observations

1. Transfer in the Interest of Justice

The Supreme Court noted that the transfer was warranted considering the convenience of the petitioner-wife and the absence of any objection from the respondent. The Court stated:

“Having regard to the interests of justice, we are of the view that an order for the transfer of the proceedings is warranted.”

2. Judicial Precedents Favoring the Wife’s Convenience

The Court relied on precedents where the convenience of the wife has been a determining factor in matrimonial transfer petitions. Citing Sumita Singh vs. Kumar Sanjay & Anr. (2001) 10 SCC 41, the Court reiterated that:

“In matrimonial matters, the court must consider the convenience of the wife as she is generally at a disadvantage in contesting legal battles far from her place of residence.”

3. Directions for Expeditious Disposal

The Supreme Court directed the transferee court (Bhiwani Family Court) to ensure the expeditious disposal of the case without unnecessary adjournments. The order explicitly mentioned:

“The transferee Court is requested to make all endeavours for an expeditious disposal of the petition without unnecessary adjournments.”

Final Judgment

The Supreme Court ruled that:

The transfer petition was allowed.
The divorce proceedings in Petition No. 308 of 2017 were transferred from the Family Court, Alwar, Rajasthan, to the Family Court, Bhiwani, Haryana.
The transferor court was directed to transmit case records to the transferee court without delay.
The transferee court was instructed to expedite the proceedings.

Key Takeaways

Convenience of the Wife Considered Paramount: The judgment reinforces the principle that in matrimonial cases, the wife’s convenience is an important factor in deciding transfer petitions.
Consent of the Opposite Party Strengthens Transfer Pleas: The absence of an objection from the respondent-husband facilitated the Court’s decision to allow the transfer.
Judicial Efficiency in Matrimonial Disputes: The ruling ensures that matrimonial cases are heard in a manner that reduces undue hardship for the parties.
Expeditious Proceedings: The Supreme Court emphasized that matrimonial cases should be resolved without unnecessary delays.

Conclusion

The Supreme Court’s judgment in Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi @ Tinku underscores the judicial approach of prioritizing the convenience of the wife in matrimonial transfer petitions. By transferring the case to Bhiwani, Haryana, the Court has ensured access to justice without undue hardship for the petitioner. The ruling sets a precedent for similar matrimonial disputes where geographical hardship is a factor in seeking case transfers.

Petitioner Name: Nitu Devi Somvanshi.
Respondent Name: Rajendra Singh Somvanshi @ Tinku.
Judgment By: Justice Dhananjaya Y Chandrachud, Justice J.B. Pardiwala.
Place Of Incident: Alwar, Rajasthan.
Judgment Date: 01-05-2023.

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