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Ruchi Rawat vs Principal Judge, Family Court Etah & Anr.

Civil Appeal · 2022 INSC 1314Decided 5 Aug 2022
Civil Appeal No. 5218 of 2022

Background

The appellant-wife's husband had filed a divorce petition under Section 13 of the Hindu Marriage Act against her at the Family Court in Etah, Uttar Pradesh. The wife, who lived with her parents in Mathura and had no independent source of income, sought to have the case transferred from Etah to the Family Court in Mathura, citing financial dependence, inability to travel, and an alleged threat by the husband and his brother while she was returning from a hearing at Etah. The Allahabad High Court had rejected her transfer application, prompting this appeal to the Supreme Court.

Decision Breakdown

The Supreme Court reaffirmed the well-settled principle that in matrimonial matters, courts should generally prioritize the wife's convenience when deciding transfer petitions, considering the economic and social circumstances of both parties. Relying on its own recent ruling in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, the Court found it just and proper, given the appellant's financial dependence on her parents and lack of income, to transfer the case. It set aside the High Court's order and directed transfer of the pending suit from the Family Court, Etah to the Family Court, Mathura, with each party bearing its own costs.

Lesson Learnt

In matrimonial litigation, a financially dependent spouse (typically the wife) can seek transfer of proceedings to a court convenient to her; courts weigh economic hardship and personal safety concerns heavily in such transfer petitions rather than requiring her to litigate wherever the other spouse filed the case.

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

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