Supreme Court Transfers Divorce Case from Varanasi to Muzaffarpur for Wife’s Convenience

The Supreme Court of India recently adjudicated a matrimonial dispute in the case of Aarati Kumari vs. Sanjeev Kumar Singh, wherein the petitioner-wife sought the transfer of a divorce petition filed by the respondent-husband from the Family Court in Varanasi to the Family Court in Muzaffarpur, Bihar. The Court, considering the circumstances, allowed the transfer petition.

Background of the Case

The respondent-husband, Sanjeev Kumar Singh, had filed a divorce petition in the Principal Judge, Family Court, Varanasi, in 2017. The petitioner-wife, Aarati Kumari, approached the Supreme Court seeking the transfer of the case to Muzaffarpur, Bihar, citing difficulties in traveling and attending the proceedings in Varanasi.

Upon hearing both parties, the Supreme Court had earlier referred the matter to the Supreme Court Mediation Centre on 16 September 2019 to explore the possibility of an amicable settlement. However, as per the Mediation Centre’s report submitted on 5 October 2019, no mutually acceptable terms of settlement could be reached between the parties.

Petitioner’s Arguments (Aarati Kumari)

The petitioner-wife, Aarati Kumari, sought the transfer of the case on the following grounds:

She resides in Muzaffarpur, Bihar, and finds it extremely difficult to travel to Varanasi to attend court proceedings.
There is no one to accompany her on such long journeys, and she faces financial hardships in managing the travel expenses.
It would be more convenient for both parties if the case were transferred to Muzaffarpur.

Respondent’s Arguments (Sanjeev Kumar Singh)

The respondent-husband opposed the transfer petition, contending that:

The divorce petition was lawfully filed in Varanasi, and shifting the case would cause inconvenience to him.
The Supreme Court should not interfere with the original jurisdiction of the Family Court in Varanasi.
There is no substantial reason for the transfer request.

Supreme Court’s Reasoning

The Supreme Court analyzed the situation and took into account the following factors:

The petitioner-wife’s residence in Muzaffarpur, Bihar, making it difficult for her to attend proceedings in Varanasi.
The financial and logistical burden on the petitioner if required to travel frequently.
The principle that, in matrimonial disputes, the convenience of the wife is generally given preference when deciding transfer petitions.
The unsuccessful attempt at mediation, indicating that both parties were unable to reach a mutual settlement.

Based on these considerations, the Court ruled in favor of the petitioner-wife and ordered the transfer of the divorce case from Varanasi to Muzaffarpur.

Judgment and Conclusion

The Supreme Court allowed the transfer petition and directed the Principal Judge, Family Court, Varanasi, to immediately transmit the case records to the Family Court, Muzaffarpur, Bihar. The Court also instructed the transferee court to schedule hearings that suit both parties, particularly the respondent-husband, who would now have to travel for the proceedings.

Additionally, the Supreme Court directed the transferee court to expedite the case and conclude the proceedings within one year from the receipt of the case records.

This ruling reinforces the judicial approach of prioritizing the convenience of the wife in matrimonial disputes, ensuring fair access to justice for both parties.

Judges: The judgment was delivered by S. Ravindra Bhat.

Petition Result: Allowed

Petitioner Name: Aarati Kumari.
Respondent Name: Sanjeev Kumar Singh.
Judgment By: Justice S. Ravindra Bhat.
Place Of Incident: Varanasi, Uttar Pradesh.
Judgment Date: 04-10-2021.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: aarati-kumari-vs-sanjeev-kumar-singh-supreme-court-of-india-judgment-dated-04-10-2021.pdf

Directly Download Judgment: Directly download this Judgment

See all petitions in Mutual Consent Divorce
See all petitions in Judgment by S Ravindra Bhat
See all petitions in allowed
See all petitions in Transferred
See all petitions in supreme court of India judgments October 2021
See all petitions in 2021 judgments

See all posts in Divorce Cases Category
See all allowed petitions in Divorce Cases Category
See all Dismissed petitions in Divorce Cases Category
See all partially allowed petitions in Divorce Cases Category