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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Family LawSupreme Court of India

Manisha Jain vs. Rajeev Jindal

Transfer Petition (Civil)Decided 25 Feb 2022
Transfer Petition (Civil) No. 437 of 2020
Abhay S. Oka

Background

Rajeev Jindal had filed a matrimonial suit (Original Matrimonial Suit No. 1125/2019) against his wife Manisha Jain, seeking divorce, before the Family Court at Meerut, Uttar Pradesh. Manisha Jain, the petitioner before the Supreme Court, sought to have this case transferred to a court closer to her, pointing out that she resided in Dehradun, Uttarakhand.

Decision Breakdown

The Court noted that notice had already been duly served on the respondent husband. Considering that the petitioner-wife was based in Dehradun, the Court found sufficient grounds to transfer the case for her convenience, and allowed the transfer petition. It ordered that the matrimonial suit pending before the Principal Judge, Family Court, Meerut be transferred to the Court of the Principal Judge, Family Court, Dehradun.

Lesson Learnt

In matrimonial litigation, courts will readily transfer a case to a location convenient for a spouse (often the wife) when there is a genuine hardship in travelling to the court where the case was originally filed, recognising that access to justice should not be unduly burdensome.

Manisha Jain vs. Rajeev Jindal – Legal Case Shots | LegalAware