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Aprajita Chakraborty vs Anirban Biswangri

Transfer Petition (Civil) · 2022 INSC 920Decided 5 Sept 2022
Transfer Petition (Civil) No.1329 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife sought transfer of a Marriage Petition (No.474 of 2021) filed by the husband, pending before the Civil Judge (Senior Division)/Family Court at Thane, Maharashtra, to a court of competent jurisdiction at Gaya, Bihar. Notice had earlier been issued and an interim stay granted on the Thane proceedings.

Decision Breakdown

The Supreme Court found it appropriate to allow the transfer petition and ordered the Marriage Petition transferred from Thane, Maharashtra to a court of competent jurisdiction at Gaya, Bihar. The Court at Thane was directed to immediately transmit the entire record to the District Judge, Gaya, who would then assign the matter to an appropriate court, and the receiving court at Gaya was directed to explore mediation between the parties. The Registry was directed to send copies of the order to both courts for compliance.

Lesson Learnt

Courts readily transfer matrimonial cases to a venue convenient for the petitioning spouse when no strong countervailing hardship is shown, and routinely pair such transfers with a direction to attempt mediation at the new venue.

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

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