Case Note & Summary
The case involved a transfer petition filed by the petitioner-wife, Parul Jaiswal, seeking the transfer of a divorce petition initiated by the respondent-husband, Avinash Jaiswal, from the Family Court in Bengaluru, Karnataka to a court in Allahabad, Uttar Pradesh. The Supreme Court, upon hearing the arguments from both parties, recognized the need for mediation to facilitate a potential settlement before proceeding with the divorce case. The Court ordered that the Family Court in Bengaluru should refer the parties to a Mediation Centre, with the mediation proceedings to be conducted online over a period of 10 weeks. The Court specified that during this period, the Family Court should not take up the case on its merits. If a settlement was reached, the Family Court was instructed to pass orders in accordance with the settlement. Conversely, if no settlement was achieved, the Family Court was to continue with the proceedings post the mediation period. Additionally, the Court mandated that the respondent pay the petitioner Rs.10,000 for each day she was required to attend court for her evidence. The transfer petition was disposed of with these directions.
Headnote
A) Family Law - Transfer of Proceedings - Jurisdictional Transfer of Divorce Petition - Transfer Petition (Civil) No.2189 of 2019 - Petitioner sought transfer of divorce proceedings to a different jurisdiction for convenience and justice. The Court directed that mediation be conducted prior to proceeding with the merits of the case, emphasizing the importance of settlement and online proceedings (Paras 1-3).
Issue of Consideration
Whether the transfer of divorce petition from Bengaluru to Allahabad is warranted and the conduct of mediation proceedings.
Final Decision
The Supreme Court disposed of the transfer petition, directing the Family Court in Bengaluru to conduct mediation proceedings online for 10 weeks before proceeding with the divorce case on merits. The Court also mandated the respondent to pay the petitioner Rs.10,000 for each day she is required to attend court.
Law Points
- Transfer of proceedings
- Mediation
- Family Court jurisdiction
- Online hearings
