Transfer of Divorce Petition: Supreme Court Rules in Favor of Petitioner's Request

The Supreme Court of India, in the case of Babita Srivastava vs. Vinod Srivastava, addressed a significant issue regarding the transfer of a divorce petition under Section 25 of the Code of Civil Procedure, 1908. The petitioner, Babita Srivastava, sought the transfer of her divorce case from the Family Court in Gurugram, Haryana, to a court of competent jurisdiction in Gwalior, Madhya Pradesh, on the grounds of convenience and her residence in Gwalior.

Background of the Case

The petitioner, Babita Srivastava, filed a transfer petition before the Supreme Court, requesting that her divorce petition, filed by her husband, Vinod Srivastava, in the Family Court at Gurugram, Haryana, be transferred to Gwalior, Madhya Pradesh. Babita argued that she currently resides in Gwalior and attending proceedings in Gurugram would be difficult due to the considerable distance between the two locations.

The respondent, Vinod Srivastava, did not object to the transfer and agreed to the petitioner’s request, which led to the petition being considered by the Supreme Court.

Arguments Presented

Petitioner’s Arguments:

The petitioner resides in Gwalior, Madhya Pradesh, and attending proceedings in Gurugram would cause significant hardship.
The distance between Gurugram and Gwalior is considerable, making it challenging for her to travel for hearings.
The petitioner seeks a fair opportunity to defend the petition in a court that is closer to her place of residence.

Respondent’s Arguments:

The respondent did not raise any objections to the transfer and agreed to the petitioner’s request.
The respondent acknowledged the petitioner’s difficulty in traveling to Gurugram and supported the transfer to Gwalior.

Supreme Court’s Ruling

The Supreme Court, after hearing the arguments from both sides, made the following key observations:

On the Difficulty Faced by the Petitioner:

The Court noted that the petitioner had expressed difficulty in traveling from Gwalior to Gurugram due to the considerable distance between the two cities. The Court acknowledged that such long-distance travel could impose undue hardship on the petitioner, especially when there was no objection from the respondent.

“The distance between Gurugram, Haryana, and Gwalior, Madhya Pradesh, is considerable, and it is essential that the petitioner be able to effectively defend her case. Therefore, the request for the transfer of the case to Gwalior is justified.”

On the Respondent’s Lack of Objection:

The Court also highlighted that the respondent had raised no objections to the transfer. The Court observed:

“In the absence of any objections from the respondent, it is in the interest of justice to allow the petitioner to have her case heard in a court that is more accessible to her.”

On the Transfer of the Divorce Petition:

The Supreme Court ruled that the divorce petition filed by the respondent in Gurugram, Haryana, should be transferred to a court of competent jurisdiction in Gwalior, Madhya Pradesh. The Court made the following order:

The divorce petition, titled ‘Sh. Vinod Srivastava vs. Dr. Babita Srivastava’, registered as HMA No. 560/2018, is directed to be transferred to a court of competent jurisdiction in Gwalior, Madhya Pradesh.
The petitioner and respondent were directed to cooperate with the competent court in Gwalior for the expeditious disposal of the petition.
It was clarified that the transfer of the petition does not affect the merits of the case and will proceed as per law in the new jurisdiction.

Impact of the Judgment

This judgment has significant implications for the handling of divorce petitions and the transfer of cases under the provisions of Section 25 of the Code of Civil Procedure. The ruling ensures that:

Parties to a legal proceeding, especially in family disputes, are not subjected to undue hardship by having to travel long distances.
The Court recognizes the importance of convenience in enabling effective participation in legal proceedings, particularly for parties who may have difficulty traveling.
The ruling also emphasizes the importance of the respondent’s consent in cases of transfer of jurisdiction, particularly when no objections are raised.

Conclusion

The Supreme Court’s decision in Babita Srivastava vs. Vinod Srivastava highlights the Court’s approach to ensuring that litigants can effectively defend themselves in legal proceedings, especially in family law cases. By transferring the divorce petition to Gwalior, the Court has facilitated a process that is both fair and accessible to the petitioner, ensuring that justice is not delayed due to logistical issues. This case reinforces the principle that the judiciary must take practical considerations into account to ensure that legal processes are efficient and just.

Petitioner Name: Babita Srivastava.
Respondent Name: Vinod Srivastava.
Judgment By: Justice B. V. Nagarathna.
Place Of Incident: Gwalior, Madhya Pradesh.
Judgment Date: 25-10-2021.

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

Download Judgment: babita-srivastava-vs-vinod-srivastava-supreme-court-of-india-judgment-dated-25-10-2021.pdf

Directly Download Judgment: Directly download this Judgment

See all petitions in Alimony and Maintenance
See all petitions in Divorce by Desertion
See all petitions in Child Custody
See all petitions in Judgment by B.V. Nagarathna
See all petitions in allowed
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