Supreme Court Transfers Matrimonial Case for Wife’s Convenience image for SC Judgment dated 04-10-2021 in the case of Deepa Mohan Naik vs Chandra Bhusan Pal
| |

Supreme Court Transfers Matrimonial Case for Wife’s Convenience

Updated on

The Supreme Court of India, in the case of Deepa Mohan Naik v. Chandra Bhusan Pal, addressed a significant issue concerning the transfer of matrimonial proceedings for the convenience of the wife. The case, Transfer Petition (Civil) No. 2241 of 2018, was filed by the petitioner-wife seeking transfer of a divorce petition filed by the respondent-husband from the Family Court, Bhojpur, Ara, Bihar, to the Family Court, Panaji, Goa. The Supreme Court, in its judgment dated October 4, 2021, delivered by S. Ravindra Bhat, allowed the transfer, emphasizing the need for mediation and ensuring that the case be handled with fairness.

Background of the Case

The dispute began when the respondent-husband, Chandra Bhusan Pal, filed a matrimonial case, Matrimonial Case No. 84 of 2017, in the Principal Judge, Family Court, Bhojpur, Ara, Bihar. The petitioner-wife, Deepa Mohan Naik, sought transfer of the case to Panaji, Goa, citing difficulties in attending hearings in Bihar.

Key Legal Issues Before the Court

  • Whether the wife’s plea for transfer should be granted based on her convenience?
  • Whether the Supreme Court should refer the parties for mediation before proceeding with litigation?
  • Whether the principles of justice and fair trial necessitate transferring the case?

Petitioner’s Arguments

The petitioner-wife, Deepa Mohan Naik, contended that:

  • She resides in Panaji, Goa, and traveling to Bhojpur, Bihar, for court hearings poses a financial and physical hardship for her.
  • Family court proceedings should be handled in a manner that does not place an undue burden on one party, particularly the wife.
  • The Supreme Court has, in previous rulings, held that matrimonial cases should be transferred in favor of the wife unless compelling reasons exist otherwise.

Respondent’s Arguments

The respondent-husband, Chandra Bhusan Pal, through his legal representatives, contended that:

  • He had filed the divorce petition in Bhojpur, Bihar, where he resides and works.
  • Transferring the case to Goa would cause inconvenience to him.
  • The case should proceed where it was originally filed to ensure fairness.

Supreme Court’s Judgment

The Supreme Court, after hearing both parties, ruled in favor of the petitioner-wife, holding that:

  • The transfer request was justified based on the facts and circumstances of the case.
  • The case was transferred from the Family Court, Bhojpur, Bihar, to the Family Court, Panaji, Goa.
  • The Family Court in Bhojpur was directed to immediately transmit the entire case records to the transferee court.
  • The transferee court was instructed to refer the parties for mediation before proceeding with the case.
  • The mediation proceedings were to be conducted at the Mediation Centre of the Bombay High Court, Goa Bench, and could be done via video conferencing if required.
  • The transferee court was directed to not proceed with the case for eight weeks to allow mediation to take place.

Key Extract from the Judgment

“Considering the facts and circumstances on record and overall interest of justice, this Court is of the opinion that the request for transfer of proceedings from the Court at Bhojpur, Ara, Bihar, to the Court at Panaji, Goa, is justified.”

Final Verdict

  • The Supreme Court allowed the transfer petition.
  • The divorce case was transferred from Bhojpur, Bihar, to Panaji, Goa.
  • The Bhojpur Family Court was directed to send case records to Goa without delay.
  • The parties were referred for mediation before proceeding with the trial.

Impact of the Judgment

This ruling reinforces the principle that women’s convenience should be prioritized in matrimonial cases when determining jurisdiction. The decision:

  • Ensures that women are not burdened with unnecessary travel and litigation hardships.
  • Encourages mediation before prolonged litigation, promoting amicable settlements.
  • Sets a precedent for future transfer petitions filed on grounds of geographical inconvenience.
  • Recognizes video conferencing as a viable option for dispute resolution in matrimonial cases.

This case serves as an important reference for similar matrimonial disputes where transfer petitions are sought due to logistical difficulties and the need for mediation before litigation.


Petitioner Name: Deepa Mohan Naik.
Respondent Name: Chandra Bhusan Pal.
Judgment By: Justice S. Ravindra Bhat.
Place Of Incident: Bhojpur, Bihar.
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: deepa-mohan-naik-vs-chandra-bhusan-pal-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 Alimony and Maintenance
See all petitions in Child Custody
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

Similar Posts