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Pinki vs Abhishek Kumar Singh

Transfer Petition (Civil) · 2022 INSC 921Decided 5 Sept 2022
Transfer Petition (Civil) No.1418 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife sought transfer of a Hindu Marriage Act petition (H.M.A. No.878 of 2020) filed by the husband, pending before the Family Court at Gurugram, Haryana, to the Family Court at Arwal, Bihar. Notice had earlier been issued along with an interim stay of proceedings at Gurugram. According to the Court's office report, the respondent-husband was duly served but chose not to enter appearance before the Supreme Court.

Decision Breakdown

Having heard counsel for the petitioner-wife (the respondent did not appear) and considered the record, the Supreme Court found it appropriate to allow the transfer petition. It ordered the H.M.A. petition transferred from the Family Court, Gurugram to the Family Court, Arwal, Bihar, directed Gurugram to immediately transmit the record to the transferee court, and directed the Registry to send copies of the order to both courts for compliance.

Lesson Learnt

When a respondent spouse is properly served with notice of a transfer petition but does not contest it, the petitioning spouse's request is likely to succeed unopposed, especially where hardship in litigating far from home is shown.

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

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