Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed under Section 25 of the Code of Civil Procedure, 1908 by the petitioner-wife, Mamta, seeking the transfer of a divorce case titled 'Shri Kailash Chand Agrawal Vs. Smt. Mamta' from the Court of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan to the Court of the Additional Civil Judge & JMFC, Gandhinagar, Gujarat. The petitioner argued that the case was filed in Sirohi, while she resided in Gandhinagar, approximately 237 km away, making it impractical for her to travel for court proceedings. Despite notice being served to the respondent, Kailash Chand Agrawal, there was no representation on his behalf. The court, upon hearing the petitioner’s counsel and reviewing the circumstances, determined that transferring the case was just and appropriate to facilitate the petitioner’s ability to defend herself. Consequently, the court allowed the transfer of the divorce case to Gandhinagar, Gujarat, thereby granting the petition.
Headnote
A) Family Law - Transfer of Divorce Case - Convenience of Parties - Code of Civil Procedure, 1908, Section 25 - The petitioner sought transfer of a divorce case from Sirohi, Rajasthan to Gandhinagar, Gujarat due to the distance and difficulty in attending court. The court found it just and appropriate to grant the transfer for the convenience of the petitioner, given the lack of representation from the respondent. Held that the transfer was warranted under the circumstances (Paras 1-2).
Issue of Consideration
Whether the divorce case should be transferred from Sirohi, Rajasthan to Gandhinagar, Gujarat for the convenience of the petitioner.
Final Decision
The Supreme Court allowed the transfer of Divorce Case No. 94 of 2018 from Sirohi, Rajasthan to Gandhinagar, Gujarat, facilitating the petitioner's ability to defend herself in the proceedings.
Law Points
- Transfer of cases
- convenience of parties
- jurisdictional issues
