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Rashmi Rohan Shetty v. Rohan Raghunath Shetty

Transfer Petition (Civil) · 2021 INSC 667Decided 25 Oct 2021
Transfer Petition (Civil) No. 3044 of 2019
Justice B.V. Nagarathna

Background

The wife sought transfer of her husband's divorce petition, pending before the Family Court at Thane, Maharashtra, to a competent Family Court at Mangalore, Karnataka, where she was residing, citing the difficulty and distance involved in travelling to Thane to defend the case.

Decision Breakdown

The husband's counsel raised no objection to the transfer. Considering the distance between Thane and Mangalore and the need to enable the wife to effectively participate in the proceedings, the Supreme Court allowed the transfer petition and directed that the divorce case be transferred to the competent Family Court at Mangalore, with both parties directed to cooperate for its expeditious disposal.

Lesson Learnt

In matrimonial cases, the Supreme Court will readily transfer proceedings to the city where the more inconvenienced spouse resides, especially where the other side does not object, so both parties can meaningfully participate in the litigation.

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

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