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Deepa Mohan Naik v. Chandra Bhusan Pal

Transfer Petition (Civil) · 2021 INSC 602Decided 4 Oct 2021
Transfer Petition (Civil) No. 2241 of 2018
Justice S. Ravindra Bhat

Background

The wife sought transfer of a matrimonial case filed by her husband, pending before the Family Court at Bhojpur, Ara, Bihar, to the Court of the Civil Judge, Senior Division, at Panaji, Goa, where it appears she was residing.

Decision Breakdown

The Supreme Court found the request for transfer justified given the facts and circumstances, and ordered the case transferred from the Family Court at Bhojpur to the court at Panaji, Goa, directing the Bihar court to transmit the full record immediately. Before the transferee court takes up the case on its merits, the Supreme Court directed that the parties first be referred to the Mediation Centre of the Bombay High Court, Goa Bench (including by video-conferencing if needed) for another attempt at an amicable settlement, with the transferee court not to proceed with the case for eight weeks to allow that mediation process to run its course.

Lesson Learnt

In transfer petitions, the Supreme Court often combines relief for the inconvenienced spouse with a renewed push for mediation, reflecting a preference for amicable settlement in matrimonial disputes wherever a reasonable chance of one still exists.

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

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