Supreme Court Transfers Matrimonial Case from Delhi to Nainital for Convenience of Both Parties

The Supreme Court of India recently adjudicated a matrimonial dispute concerning the transfer of a divorce case from Delhi to Nainital. The case, Priyanka Arya vs. Ashutosh Arya, was brought before the Court under Section 25 of the Code of Civil Procedure, 1908, where the petitioner, Priyanka Arya, sought the transfer of her matrimonial case from the Family Court in South East, Saket, Delhi, to the Family Court in Nainital, Uttarakhand.

Background of the Case

The petitioner, Priyanka Arya, and the respondent, Ashutosh Arya, were involved in a legal dispute concerning their marriage. The case in question, HMA No. 109 of 2020, had been pending before the Principal Judge, Family Court, South East, Saket, Delhi. The petitioner filed a request to transfer the case to Nainital, citing personal and logistical difficulties.

Petitioner’s Arguments

The petitioner argued that the transfer was necessary due to the following reasons:

• Her parents, as well as the parents of the respondent, reside in Haldwani, Uttarakhand.
• She is currently pursuing her Ph.D. at Solan, Himachal Pradesh, making travel to Delhi difficult.
• Her husband, the respondent, is posted in Delhi and can more easily travel to Nainital for proceedings.

Respondent’s Arguments

The respondent, Ashutosh Arya, contested the transfer petition but did not provide substantial reasons that could outweigh the petitioner’s plea for convenience.

Supreme Court’s Reasoning

After hearing both parties, the Supreme Court considered the relevant factors and deemed it appropriate to transfer the case to Nainital. The Court took into account the convenience of both parties, particularly the petitioner, and noted that the transfer would not create undue hardship for the respondent.

Read also: https://judgmentlibrary.com/supreme-court-transfers-divorce-and-custody-cases-to-bengaluru-family-court-for-fair-proceedings/

The Court stated:

“After hearing learned counsel for both the parties and considering the fact that the parents of the petitioner as well as of the respondent are from Haldwani and husband is posted at Delhi while the wife is doing her Ph.D. at Solan, Himachal Pradesh, this Court deems it appropriate to transfer the case…”

Judgment and Conclusion

The Supreme Court allowed the transfer petition and directed the Principal Judge, Family Court, South East, Saket, Delhi, to transmit the entire case records to the Family Court, Nainital, Uttarakhand, without delay. The Court also instructed the transferee court to expedite the proceedings.

In matrimonial disputes, the Supreme Court generally considers the convenience of the wife when deciding transfer petitions, especially in cases where she faces hardships in attending proceedings in a distant city. This ruling aligns with the precedent of prioritizing accessibility for women in family disputes.

Read also: https://judgmentlibrary.com/mutual-divorce-settlement-supreme-court-dismisses-transfer-petition-after-reconciliation/

Judges: The judgment was delivered by J.K. Maheshwari.

Petition Result: Allowed

Petitioner Name: Priyanka Arya.
Respondent Name: Ashutosh Arya.
Judgment By: Justice J.K. Maheshwari.
Place Of Incident: Delhi.
Judgment Date: 01-10-2021.

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