Case Note & Summary
The case involves a matrimonial dispute between the petitioner wife, Ankita Bhati, and the respondent husband, Dev Raj Singh Bhati. The wife filed two transfer petitions: Transfer Petition (Civil) No. 1770 of 2021 and Transfer Petition (Criminal) No. 659 of 2019, seeking to transfer multiple pending proceedings from courts in Solan, Himachal Pradesh to Delhi. The pending proceedings included a maintenance petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956, a complaint under the Protection of Women from Domestic Violence Act, 2005, and a petition under Section 125 of the Code of Criminal Procedure, 1973, all pending in Solan. The wife argued that she resides in Delhi and it is difficult for her to travel to Solan for hearings. The husband opposed the transfer, stating that he resides in Solan and that the cases were filed by the wife in Solan. The Supreme Court noted that the parties had attempted mediation but it failed. The Court observed that the wife had herself filed the cases in Solan and that the husband also faced hardship if cases were transferred. The Court held that the balance of convenience and hardship did not favor the wife, and there were no exceptional circumstances warranting transfer. Consequently, both transfer petitions were dismissed. The Court directed the trial courts in Solan to expedite the proceedings and complete them within one year.
Headnote
A) Transfer of Proceedings - Matrimonial Disputes - Balance of Convenience - Transfer of multiple matrimonial proceedings from Solan to Delhi sought by wife - Court held that mere inconvenience to the wife is not sufficient to order transfer; the court must consider the balance of convenience and hardship to both parties - Held that in the absence of exceptional circumstances, transfer cannot be granted (Paras 1-7).
Issue of Consideration
Whether the transfer petitions filed by the wife seeking transfer of multiple matrimonial proceedings from Solan, Himachal Pradesh to Delhi should be allowed.
Final Decision
Both transfer petitions are dismissed. The trial courts in Solan are directed to expedite the proceedings and complete them within one year.
Law Points
- Transfer of proceedings
- Matrimonial disputes
- Balance of convenience
- Hardship
- Exceptional circumstances
