Supreme Court Transfers Divorce Case for Convenience of Both Parties

The Supreme Court of India, in a recent judgment, addressed the transfer of a divorce case from Hukkeri to Bangalore, ensuring convenience for both parties involved.

Background of the Case

The appellant, Kavitha Pavan Tibile, approached the Supreme Court seeking the transfer of Divorce Case M.C. No.44 of 2015 from the Civil Judge (Senior Division), Hukkeri, to the Family Court, Bangalore. The respondent in the case, Pavan H Tibile, contested the transfer.

Arguments Presented

The petitioner contended that the transfer would be beneficial for both parties, ensuring fair and effective proceedings in a more convenient location. The respondent opposed the transfer, asserting that the case should continue at its current jurisdiction.

Supreme Court’s Observations

The Supreme Court, after hearing both sides, determined that shifting the case to Bangalore would better serve the interests of both parties. The Court stated: “Having heard the learned counsel appearing on both the sides, we are of the view that it is for the better convenience of both the parties to have all the matters tried at Bangalore.”

Judgment and Decision

The Supreme Court set aside the impugned orders and directed that M.C. No.44 of 2015, which had been transferred from Hukkeri and renumbered as M.C. No.232 of 2015, be transferred to the Family Court, Bangalore. The judgment clarified: “Accordingly, the impugned orders are set aside and M.C. No.44 of 2015, which was transferred from the Court of Civil Judge (Senior Division), Hukkeri and got renumbered as M.C. No.232 of 2015, is transferred from Principal Judge, Family Court Hubbali to Family Court, Bangalore.”

Key Takeaways

• The Supreme Court prioritizes convenience for both parties in matrimonial disputes.
• Jurisdictional transfers can be requested based on valid grounds of convenience.
• The Court does not express opinions on the correctness of statements made before lower courts.

Final Disposition

The appeals were accordingly disposed of, and the Court did not pass any orders concerning costs.

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Download Judgment: Kavitha Pavan Tibile vs Pavan H Tibile Supreme Court of India Judgment Dated 04-01-2017.pdf