Case Note & Summary
The petitioner-wife filed a transfer petition before the Supreme Court of India seeking transfer of divorce proceedings pending before the Family Court, Bombay to Palanpur in the State of Gujarat. The respondent-husband was a medical practitioner residing in Bombay. The Supreme Court, being seized with a matrimonial matter, attempted reconciliation by desiring both parties to appear in person. Both parties appeared on 29 October 1996, and the Court heard their views; however, reconciliation was not presently possible for one reason or the other. The Court then examined the prayer for transfer. The Court noted that the husband-respondent was a medical practitioner and his absence from Bombay would cause difficulty to his patients. His old and ailing mother lived with him at Bombay and needed frequent medical check-up and constant care. The witnesses in the case were principally from Bombay, as would appear from the list of witnesses produced for perusal. The petitioner-wife had some near relations in Bombay; when asked about this fact, she did not really deny it, but stated that they were not very close relatives and accommodation with them was insufficient. The Court observed that as she would be required to stay for a day or two only at Bombay while coming for trial, this was not a material objection. The husband undertook to bear the travelling expenses of the wife as and when she would travel from Palanpur to Bombay to attend court proceedings, and the Court directed that he also bear the expenditure of an escort. The Court further noted that Palanpur was well connected by train with Bombay, because of which the petitioner would not have to face much difficulty in undertaking the journey. For the aforesaid reasons, the transfer petition was dismissed. The final decision favoured the respondent-husband.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Transfer petition dismissed on balance of convenience - Not mentioned - Petitioner-wife sought transfer of divorce proceedings from Family Court, Bombay to Palanpur, Gujarat, and the Court attempted reconciliation but found it not presently possible. Considering respondent-husband's medical practice, his old and ailing mother, witnesses principally from Bombay, presence of some near relations of wife in Bombay, husband's undertaking to bear travelling expenses of wife and an escort, and good rail connectivity between Palanpur and Bombay, the Court dismissed the transfer petition. Held that transfer not warranted (Paras 1-4). B) Family Law - Reconciliation in Matrimonial Disputes - Court's duty to attempt settlement before adjudicating transfer - Not mentioned - The Court desired personal appearance of both parties and heard their views on 29 October; reconciliation was not presently possible for one reason or the other. The Court then proceeded to decide the transfer petition on merits and dismissed it. Held that transfer petition dismissed after reconciliation failure (Para 2).
Issue of Consideration
Whether divorce proceedings pending before the Family Court, Bombay should be transferred to Palanpur, Gujarat.
Final Decision
Transfer petition dismissed. Husband to bear travelling expenses of wife and an escort as and when she travels from Palanpur to Bombay to attend court proceedings.
Law Points
- Transfer petition in matrimonial dispute decided on balance of convenience
- reconciliation attempted before deciding transfer
- dismissal warranted where husband is medical practitioner
- has ailing mother
- witnesses are in current forum
- wife has relatives there
- and husband undertakes travel expenses
