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Monika Kumari vs Abhishek Yadav

Transfer Petition (Civil) · 2022 INSC 919Decided 5 Sept 2022
Transfer Petition (Civil) Nos.1679-1680 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife sought transfer of two matrimonial proceedings filed by the husband: a maintenance case (CSHM No.100 of 2021) and an earlier restitution/matrimonial case (RCSHM No.950 of 2018 / Matrimonial Case No.856 of 2018), both pending before the Family Court at Jabalpur, Madhya Pradesh, to the Family Court at Kota, Rajasthan. Notice had earlier been issued and an interim stay granted on the Jabalpur proceedings.

Decision Breakdown

After hearing both sides, the Supreme Court found it appropriate to allow the transfer petitions and directed that both cases be moved from the Family Court at Jabalpur to the Family Court at Kota, Rajasthan. Jabalpur was directed to transmit the complete case record immediately, and the receiving court at Kota was directed to explore the possibility of a mediated settlement between the parties. The Registry was directed to send copies of the order to both courts for compliance.

Lesson Learnt

In matrimonial transfer petitions, courts commonly favour shifting proceedings to a venue more convenient for the party (often the wife) who would otherwise face hardship litigating far from home, and will simultaneously encourage the transferee court to attempt mediation between the spouses.

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

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