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Priyanka Arya v. Ashutosh Arya

Transfer Petition (Civil) · 2021 INSC 597Decided 1 Oct 2021
Transfer Petition (Civil) No. 62 of 2021
Justice J.K. Maheshwari

Background

The wife filed a transfer petition under Section 25 of the Code of Civil Procedure, seeking to move a pending matrimonial case (HMA No. 109 of 2020, filed by the husband) from the Family Court in Saket, Delhi to the Family Court in Nainital, Uttarakhand. Both parties' parents were from Haldwani, the husband was posted in Delhi, and the wife was pursuing her PhD in Solan, Himachal Pradesh.

Decision Breakdown

After hearing both sides and weighing the convenience of the parties given where their families were based and where the wife was currently studying, the Supreme Court found it appropriate to transfer the case to the Family Court in Nainital. It allowed the transfer petition, directed the Saket Family Court to immediately send the case file to the Nainital court, and asked the transferee court to decide the case as quickly as possible.

Lesson Learnt

In matrimonial disputes, courts can and do transfer a case to a more convenient location when one spouse shows genuine hardship in attending proceedings at the original venue, based on practical factors like family location and personal circumstances.

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

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