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Asutosh Mohanty v. Aparajita Mohanty

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 11337 of 2016)Decided 28 Nov 2016
Civil Appeal No. 11337 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant, husband in a family court proceeding (C.P. No. 106 of 2015), had applied to transfer the case from the Family Court at Sambalpur to the Family Court at Bhubaneswar, but the application was declined. He appealed that refusal to the Supreme Court.

Decision Breakdown

After hearing counsel for both sides, the Court found that it was in the interest of both parties, and was fairly conceded by the respondent (wife) as well, that the matter be heard at Bhubaneswar instead. The Court accordingly directed that the family court proceeding (C.P. No. 106 of 2015) be transferred from the Family Court at Sambalpur to the Family Court at Bhubaneswar, with both parties directed to appear there on a specified date (13 January 2017), and directed the Registry to communicate the order to both courts.

Lesson Learnt

A spouse can seek transfer of a pending family-court case to a more convenient location, and courts will often grant this readily where it genuinely serves both parties' interests and the other side does not seriously object.

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

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