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Minal Shardul Shah v. Shardul Narendra Shah

Transfer Petition (Civil) · 2021 INSC 589Decided 1 Oct 2021
Transfer Petition (Civil) No. 3021 of 2019
Justice J.K. Maheshwari

Background

The wife sought transfer of a divorce petition filed by her husband under Section 13 of the Hindu Marriage Act, 1955, pending before the Family Court at Ahmedabad, Gujarat, to the Family Court at Nashik, Maharashtra.

Decision Breakdown

During the hearing, the husband's counsel stated he had no objection to the transfer. The Supreme Court accordingly allowed the transfer petition, directing that the matrimonial case be moved from the Family Court at Ahmedabad to the Family Court at Nashik, with the Ahmedabad court directed to transmit the entire case record immediately and the transferee court directed to decide the case as expeditiously as possible.

Lesson Learnt

Where both spouses, or at least the non-applicant spouse, do not oppose a transfer, the Supreme Court will move a matrimonial case to a more convenient court without delay, prioritising practical access to justice for the party facing hardship.

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

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