Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by the petitioner-wife, Abhilasha Gupta, seeking to transfer her divorce petition from the Additional District and Sessions Judge, Susner, Madhya Pradesh, to the Family Court at Kota, Rajasthan. The divorce petition was initiated by the respondent-husband, Harimohan Gupta, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and was at an advanced stage, with the husband's evidence already concluded. The court noted that the petitioner had not cited any witnesses other than herself and that the matter had been adjourned due to a stay order issued in the present proceedings. The respondent's counsel highlighted that the distance between the petitioner's residence and the Family Court was less than 200 kilometers and offered to cover the transportation expenses for the petitioner to facilitate her appearance in court. The court, considering the advanced stage of the divorce proceedings and the respondent's offer, declined to allow the transfer of the petition. Instead, it directed the respondent to pay the petitioner a sum of Rs. 4,000 for transportation charges for each hearing date. The transfer petition was disposed of with these orders, and the interim order dated 20.07.2021 was vacated.
Headnote
A) Family Law - Transfer of Divorce Petition - Jurisdiction and Convenience - Hindu Marriage Act, 1955, Section 13(1)(ia) - The court considered the advanced stage of the divorce proceedings and the willingness of the respondent to cover transportation costs for the petitioner to appear in court. The court ultimately decided against the transfer of the petition, emphasizing the need for expeditious proceedings (Paras 1-3).
Issue of Consideration
Whether the transfer of the divorce petition from Madhya Pradesh to Rajasthan should be allowed.
Final Decision
The Supreme Court dismissed the transfer petition, directing the respondent to pay Rs. 4,000 for transportation charges for each hearing date.
Law Points
- Transfer of petition
- Hindu Marriage Act
- 1955
- transportation charges
- jurisdiction
- divorce proceedings
