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Pooja Hemani @ Namrata Hemdev v. Manish Hemdev

Transfer Petition (Civil) · 2021 INSC 612Decided 4 Oct 2021
Transfer Petition (Civil) No. 924 of 2021
Justice S. Ravindra Bhat

Background

The wife filed a transfer petition asking the Supreme Court to move her husband's divorce case from the Family Court in Chennai, Tamil Nadu, to the Family Court in Varanasi, Uttar Pradesh, presumably citing difficulty in travelling to attend proceedings far from her location.

Decision Breakdown

The Court declined to transfer the case physically, holding that transfer was not warranted, but still protected the wife's interest by directing that the Chennai Family Court conduct the proceedings online/by video where infrastructure permits, so she could participate effectively without travelling. It further directed that if her physical presence became necessary, the Court should fix convenient, consecutive hearing dates for her, and asked the Chennai court to decide the case as expeditiously as possible. The transfer petition was disposed of on these terms.

Lesson Learnt

A spouse facing hardship from a case being heard in a distant city need not always get the case physically transferred: courts can instead order virtual hearings or convenient scheduling to balance both parties' convenience.

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

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