Transfer of Matrimonial Cases: Supreme Court's Decision on Jurisdictional Change

This Supreme Court case involves the transfer of matrimonial petitions between different jurisdictions. The petitioner, Monika Kumari, filed transfer petitions seeking the transfer of two cases from the Family Court at Jabalpur, Madhya Pradesh, to the Family Court at Kota, Rajasthan. These cases involved matrimonial disputes between Monika Kumari and her husband, Abhishek Yadav. The Supreme Court issued an order allowing the transfer, citing convenience and fairness to the parties involved.

The cases in question were a petition for divorce and a matrimonial dispute related to maintenance and custody. The petitioner-wife sought the transfer of these petitions to Kota, where she resided, to avoid the hardship of traveling to Jabalpur. The respondent-husband opposed the transfer, arguing that the cases should remain in the jurisdiction where they were originally filed. The Supreme Court, after considering the circumstances, allowed the transfer and provided directions to the Family Courts involved.

Background of the Dispute

The petitioner, Monika Kumari, filed two matrimonial petitions against her husband, Abhishek Yadav, in the Family Court at Jabalpur, Madhya Pradesh. The first case, titled “Abhishek Yadav v. Monika Kumari,” was related to divorce, while the second case, “Abhishek Yadav v. Monika Kumari,” concerned maintenance and child custody matters.

Monika Kumari, who had been residing in Kota, Rajasthan, found it difficult to travel to Jabalpur for the hearings. Given the distance between her place of residence and the court, the petitioner sought the transfer of these cases to the Family Court at Kota. The respondent-husband, Abhishek Yadav, opposed the transfer request, arguing that the cases should remain in Jabalpur, where the jurisdiction for the matrimonial dispute had been initially established.

The High Court of Madhya Pradesh had not granted the transfer, prompting the petitioner to approach the Supreme Court with transfer petitions under Section 25 of the Civil Procedure Code (CPC). The matter was heard by the Supreme Court on 27th September 2021, when the Court issued an interim order staying the proceedings in the Family Court at Jabalpur until the decision was made on the transfer request.

Petitioner’s Arguments

The petitioner’s counsel argued that it would be extremely difficult and burdensome for Monika Kumari to continue traveling to Jabalpur for the hearings, especially since she had been living in Kota for some time. The counsel further emphasized that the petitioner’s rights to a fair and convenient hearing should take precedence, especially given that the respondent-husband did not raise any substantial objection to the transfer. The counsel requested the Court to consider the convenience and well-being of the petitioner, who had to care for her child and manage her household responsibilities in Kota.

The petitioner also argued that transferring the cases to Kota would not cause any prejudice to the respondent and would facilitate a smoother legal process. The petitioner’s counsel referred to the fact that the petitioner had filed her cases in Jabalpur when she was residing there, but her circumstances had since changed, and the transfer was a reasonable request.

Respondent’s Arguments

The respondent’s counsel, representing Abhishek Yadav, opposed the transfer of the cases. The respondent argued that the matrimonial disputes should remain in Jabalpur, where the cases were originally filed. The respondent’s counsel emphasized that the petitioner’s request for transfer was not based on any valid grounds and that the jurisdiction of the Family Court at Jabalpur should be respected.

The respondent’s counsel further pointed out that transferring the cases would cause inconvenience and delays in the resolution of the disputes. The counsel also noted that the respondent had no control over the petitioner’s relocation and that the original jurisdiction should not be disturbed for convenience purposes. The respondent requested the Supreme Court to dismiss the transfer petitions and allow the proceedings to continue in Jabalpur.

Court’s Reasoning

The Supreme Court, while hearing the case, considered the convenience of the parties involved, especially the petitioner, who had expressed difficulty in traveling to Jabalpur for hearings. The Court emphasized that matrimonial disputes are often emotionally charged and that the parties should not be burdened with logistical challenges that could hinder the fair resolution of the case. The Court noted that the petitioner’s request to transfer the cases to Kota was reasonable, given her circumstances.

The Court also referred to the legal principle that transfer petitions under Section 25 of the CPC should be allowed if it would be in the interest of justice, considering the convenience of the parties. The Court observed that there was no substantial objection from the respondent that would outweigh the reasons provided by the petitioner for the transfer.

The Court acknowledged the importance of expeditious justice but balanced this with the right of the parties to a fair and convenient hearing. It also noted that transferring the case to a more accessible jurisdiction for the petitioner would not unduly delay the proceedings. The Court pointed out that both parties were free to file their responses in the new jurisdiction and that the transfer would not prejudice the respondent’s case.

Judgment

The Supreme Court allowed the transfer petitions filed by the petitioner, Monika Kumari. The Court directed that the matrimonial petitions, namely “CSHM No.100 of 2021” and “RCSHM No.950 of 2018/Matrimonial Case No.856 of 2018,” be transferred from the Family Court at Jabalpur, Madhya Pradesh, to the Family Court at Kota, Rajasthan. The Court also ordered that the entire record of the cases be transmitted to the transferee court.

The Court further directed the Family Court at Kota to explore the possibility of settlement between the parties through mediation, in line with the practice of encouraging amicable resolutions in matrimonial disputes. The Court also instructed the Registry to send a copy of the order to both Family Courts for compliance with the directions.

Conclusion

The Supreme Court’s ruling in this case highlights the importance of considering the convenience and well-being of the parties in matrimonial disputes. The decision underscores the Court’s approach of balancing the interests of justice with practical concerns, such as the ease of access to hearings. The Court also emphasized the need to facilitate settlements in matrimonial disputes, demonstrating its commitment to promoting alternative dispute resolution methods like mediation.

This case reinforces the principle that transfer petitions should be granted when they serve the interests of justice, especially when it ensures that parties are not unduly burdened by logistical challenges. The Supreme Court’s decision in this case sets a precedent for future cases where a party’s residence or circumstances change, making it difficult to attend hearings in the original jurisdiction.

Petitioner Name: Monika Kumari.
Respondent Name: Abhishek Yadav.
Judgment By: Justice Uday Umesh Lalit, Justice S. Ravindra Bhat.
Place Of Incident: Jabalpur, Madhya Pradesh / Kota, Rajasthan.
Judgment Date: 05-09-2022.

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