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Babita Srivastava v. Vinod Srivastava

Transfer Petition (Civil) · 2021 INSC 668Decided 25 Oct 2021
Transfer Petition (Civil) No. 1867 of 2019
Justice B.V. Nagarathna

Background

The wife, Babita Srivastava, filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move her husband's divorce case from the Family Court at Gurugram, Haryana to a court at Gwalior, Madhya Pradesh. She explained that she was presently residing at Gwalior and that the distance to Gurugram made it difficult for her to effectively contest the case. The husband's counsel did not object to the transfer.

Decision Breakdown

The Supreme Court allowed the transfer petition, noting the considerable distance between Gurugram and Gwalior and the difficulty this posed for the wife in defending the case, and directed that the divorce petition be transferred to a court of competent jurisdiction at Gwalior. The Court also directed both parties to cooperate with the Gwalior court for the petition's expeditious disposal.

Lesson Learnt

A spouse facing genuine hardship in travelling to a distant court for matrimonial litigation can seek transfer of the case to a court closer to where they actually live, and such requests are readily granted, especially where the other side does not object.

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

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