Case Note & Summary
The case involved a transfer petition filed by the petitioner seeking to move matrimonial proceedings initiated by the respondent for divorce from Delhi to Giridih, Jharkhand. The petitioner, residing in Pachamba, Jharkhand, argued that attending court in Delhi was inconvenient. The respondent filed a counter affidavit stating that the petitioner had not appeared in the proceedings, leading to ex-parte evidence being taken, and the matter was set for final arguments. The petitioner’s counsel invoked the discretionary power of the Supreme Court under Section 25 of the Code of Civil Procedure, 1908, to request the transfer. The court noted that the matter was already heard ex-parte and was pending for judgment. It referenced the case of Arjun Singh v. Mohindra Kumar, indicating that a transfer application could only be considered after an ex-parte decree was set aside. The court expressed reservations about the correctness of previous decisions allowing transfers in similar contexts but concluded that since no ex-parte decree had been issued, the transfer petition was dismissed for lack of merit.
Headnote
A) Matrimonial Law - Transfer of Proceedings - Discretionary Power - Code of Civil Procedure, 1908, Section 25 - Petitioner sought transfer of divorce proceedings from Delhi to Jharkhand citing inconvenience. Court held that as no ex-parte decree had been passed, the transfer petition lacked merit and was dismissed (Paras 1-2).
Issue of Consideration
Whether the transfer of matrimonial proceedings from Delhi to Jharkhand should be granted.
Final Decision
The Supreme Court dismissed the transfer petition, finding no merit as no ex-parte decree had been passed.
Law Points
- Transfer of proceedings
- matrimonial disputes
- ex-parte proceedings
- discretionary power
- Code of Civil Procedure
- 1908
- Article 142 of the Constitution of India
