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Jyoti Jaiswal v. Neeraj Kumar Gupta

Transfer Petition (Civil) · 2021 INSC 767Decided 22 Nov 2021
Transfer Petition (Civil) No. 113 of 2018
Justice B.V. Nagarathna

Background

The petitioner-wife sought transfer of a divorce case filed by her husband (Divorce Petition No. 10/2017) from the Additional District & Sessions Court in Lalsot, District Dausa, Rajasthan, to a competent court in Ghazipur, Uttar Pradesh, under Section 25 of the Code of Civil Procedure, 1908.

Decision Breakdown

After hearing both sides and examining the material on record, the Supreme Court found the wife's request for transfer justified given the facts and circumstances of the case. The Court ordered the divorce case transferred to the competent court at Ghazipur, U.P., directed the Rajasthan court to immediately transmit the entire case record to the transferee court, and asked the transferee court to decide the case as expeditiously as possible. The transfer petition was allowed.

Lesson Learnt

Spouses litigating matrimonial disputes can seek transfer of their case to a court more convenient or appropriate for them (commonly the wife's residence), and the Supreme Court will grant such transfers where justified by the facts, to ensure fair access to the judicial process.

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

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