Supreme Court Transfers Restitution of Conjugal Rights Case for Fair Trial
The Supreme Court of India, in the case of Smt. Akkireddy Nihaarika vs. Akkireddy Karteek Kumar, ruled on a transfer petition where the petitioner sought the transfer of a case for restitution of conjugal rights from Visakhapatnam, Andhra Pradesh, to Kothagudem, Telangana. The judgment highlights the principles governing matrimonial disputes and the importance of ensuring convenience for litigants, particularly in cases where the petitioner faces hardship in attending proceedings in a distant location.
Background of the Case
The dispute originated when the respondent, Akkireddy Karteek Kumar, filed a petition for restitution of conjugal rights (FCOP No. 875 of 2020) before the Family Court-cum-V Additional District Judge in Visakhapatnam, Andhra Pradesh. The petitioner, Smt. Akkireddy Nihaarika, sought the transfer of this case to the Principal Senior Civil Judge’s Court or any competent court in Lothagudem, Bhadhradri, Kothagudem District, Telangana, citing personal hardships and inconvenience in traveling to Visakhapatnam.
Restitution of conjugal rights is a legal remedy under the Hindu Marriage Act, 1955, allowing a spouse to seek the court’s intervention to restore marital cohabitation. In this case, the respondent filed for restitution, seeking legal recourse to bring his wife back to their marital home.
The Supreme Court, considering the arguments from both parties, issued a notice on March 1, 2021, and subsequently heard the matter to decide on the transfer request.
Arguments by the Petitioner (Smt. Akkireddy Nihaarika)
- The petitioner argued that attending proceedings in Visakhapatnam would impose significant personal and financial hardships.
- She contended that as a woman, she faced difficulties in frequent travel, and it was in the interest of justice that the case be transferred to a court closer to her residence.
- The petitioner emphasized that courts should consider the convenience of women in matrimonial disputes, as per past Supreme Court rulings.
- She also raised concerns about safety and logistical difficulties in attending hearings in a distant city.
Arguments by the Respondent (Akkireddy Karteek Kumar)
- The respondent opposed the transfer, arguing that the petition for restitution of conjugal rights was appropriately filed in Visakhapatnam, where the marriage had taken place.
- He contended that transferring the case to Telangana would create logistical and legal difficulties for him.
- The respondent maintained that the petitioner should attend hearings in Visakhapatnam, as it was the jurisdiction where the cause of action arose.
Legal Precedents and Considerations
The Supreme Court has, in multiple past judgments, ruled in favor of transferring matrimonial cases to locations that ensure fairness and accessibility for women petitioners. In Sumita Singh v. Kumar Sanjay, the Court held that in matrimonial cases, where the wife seeks a transfer due to inconvenience, the court should consider the petitioner’s difficulties.
The Court reiterated its position in Anindita Das v. Srijit Das, where it noted that a wife should not be subjected to undue hardship in attending court proceedings in distant locations.
Relying on these principles, the Supreme Court emphasized that ensuring access to justice is a fundamental principle, and courts must balance the interests of both parties while granting transfer requests.
Observations of the Supreme Court
The Supreme Court bench, comprising Justices D.Y. Chandrachud and Sanjiv Khanna, reviewed the submissions and concluded that the transfer was warranted in the interest of justice.
The Court ruled:
“Having regard to the interests of justice, we are of the view that the order for the transfer of the proceedings is warranted.”
The Court further directed:
“We accordingly allow the transfer petition and direct that the petition for restitution of conjugal rights instituted by the respondent, being FCOP No. 875 of 2020, pending before the Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh, be transferred to the court of the Principal Senior Civil Judge/competent court, Lothagudem, Bhadhradri, Kothagudem District, Telangana.”
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The Supreme Court also provided flexibility for both parties by allowing:
- The option to apply for appearing via video conferencing before the transferee court.
- Immediate transfer of case records to ensure a smooth transition of proceedings.
Final Judgment
The Supreme Court allowed the transfer petition and concluded:
“The records of the case shall be transferred to the transferee court forthwith. Pending application, if any, stands disposed of.”
Implications of the Judgment
- The ruling establishes that courts should prioritize the convenience of women in matrimonial disputes, reaffirming past legal precedents.
- The judgment reinforces the Supreme Court’s commitment to ensuring accessibility and fairness in legal proceedings.
- It provides clarity on how courts should balance jurisdictional concerns with the need for a fair trial in matrimonial cases.
- The ruling also highlights the increasing role of video conferencing in facilitating court proceedings, especially in cases involving geographical constraints.
Conclusion
The Supreme Court’s decision in this case sets an important precedent for matrimonial disputes, reaffirming its stance that legal proceedings should not become an undue burden on litigants. By allowing the transfer of the case, the Court ensured that the petitioner could participate in the legal process without unnecessary hardship. The judgment also aligns with the broader principle that courts should uphold fairness and accessibility, particularly in matters concerning matrimonial rights.
Petitioner Name: Smt. Akkireddy Nihaarika.Respondent Name: Akkireddy Karteek Kumar.Judgment By: Justice D.Y. Chandrachud, Justice Sanjiv Khanna.Place Of Incident: Visakhapatnam, Andhra Pradesh.Judgment Date: 27-01-2022.
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