Case Note & Summary
The transfer petition was filed by the petitioner seeking to transfer Civil Suit No.527 of 2007 from the High Court of Madras to the High Court of Calcutta. The marriage between the petitioner and respondent was registered on 2nd March 2005, followed by a boubhat ceremony on 17th June 2005. The petitioner alleged that she faced cruelty and torture during her stay in Chennai, leading to her parents visiting on 21st October 2005 due to the harassment. A male child was born on 17th November 2005, but the respondent continued to subject the petitioner to mental and physical torture, prompting her to leave her matrimonial home on 28th August 2006. The respondent filed a suit under section 11 of the Hindu Marriage Act, 1955, which was later transferred to Burdwan, West Bengal. The respondent also sought anticipatory bail in connection with a complaint filed by the petitioner under various sections of the Indian Penal Code. The respondent's Civil Suit No.527 of 2007 sought damages of Rs.15 lakhs for emotional pain and suffering. The petitioner argued for the transfer of the suit to Calcutta due to her difficulties in traveling with a small child, lack of income, and the fact that other cases were pending in Calcutta. The respondent admitted the marriage and the child but denied the allegations of cruelty. The court noted the admitted facts of the petitioner's unemployment and the pending cases in Calcutta. Ultimately, the court deemed it appropriate to transfer the suit to the High Court of Calcutta for the convenience of the petitioner and in the interest of justice, allowing the transfer petition.
Headnote
A) Civil Procedure - Transfer of Civil Suit - Jurisdiction and Convenience - Transfer of Civil Suit No.527 of 2007 from High Court of Madras to High Court of Calcutta - The petitioner, being unemployed and having a small child, faced difficulties in attending court in Chennai, while multiple cases were pending in Calcutta. The court found it just to transfer the suit to facilitate the petitioner's attendance and in the interest of justice. Held that the transfer was appropriate considering the circumstances (Paras 1-14).
Issue of Consideration
Whether the Civil Suit No.527 of 2007 should be transferred from the High Court of Madras to the High Court of Calcutta.
Final Decision
The Supreme Court allowed the transfer petition and ordered the transfer of Civil Suit No.527 of 2007 from the High Court of Madras to the High Court of Calcutta, considering the convenience of the petitioner and the pending cases in Calcutta.
Law Points
- Transfer of civil suits
- jurisdiction
- convenience of parties
- Hindu Marriage Act
- 1955
