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Kavitha Pavan Tibile v. Pavan H Tibile

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 92-93 of 2017)Decided 4 Jan 2017
Civil Appeal Nos. 92-93 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

The appellant-wife sought to have her divorce case (M.C. No. 44 of 2015), then pending before the Civil Judge (Senior Division) at Hukkeri, transferred to the Family Court at Bangalore for her convenience. Her transfer request was declined, and that refusal was the subject of this appeal.

Decision Breakdown

The Supreme Court held that it would be more convenient for both parties to have the matter tried at Bangalore, set aside the impugned order, and directed that the case (by then renumbered M.C. No. 232 of 2015 and pending before the Family Court, Hubbali) be transferred to the Family Court, Bangalore. The Court clarified it had not expressed any view on the merits of the underlying dispute or the correctness of the appellant's statements before the High Court.

Lesson Learnt

A spouse can seek transfer of matrimonial proceedings to a court more convenient for both parties, and the Supreme Court will readily grant such transfers on convenience grounds alone, without touching the merits of the divorce case itself.

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

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