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Aastha Manoj Sonwane vs Manoj Tukaram Sonwane

Transfer Petition (Civil) · 2022 INSC 924Decided 5 Sept 2022
Transfer Petition (Civil) No. 1478 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife sought transfer of proceedings her husband had filed under Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) from the Family Court at Nashik Road, Maharashtra, to the Family Court at Dwarka, New Delhi. As with related petitions heard the same day, the Supreme Court had earlier issued notice and stayed the Nashik proceedings.

Decision Breakdown

After hearing both sides and considering the facts, the Court allowed the transfer petition, moving the case from the Nashik Road Family Court to the Family Court, South West District, Dwarka Court, New Delhi. It directed the Dwarka court to explore the possibility of settlement through mediation and instructed the Nashik court to transmit the case record to Dwarka immediately.

Lesson Learnt

Even in proceedings seeking restitution of conjugal rights, the Supreme Court will transfer a matrimonial case for the convenience of a spouse where circumstances justify it, and courts are actively encouraged to first explore mediation as a route to settlement.

Official source (sci.gov.in)View Judgment (PDF)

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