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Saloni Agrawal vs Surbhit Mittal

Transfer Petition (Civil) · 2022 INSC 922Decided 5 Sept 2022
Transfer Petition (Civil) No. 1349 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife had approached the Supreme Court seeking transfer of a matrimonial case filed by her husband in the Family Court at Lucknow, Uttar Pradesh, asking that it instead be heard at the Family Court in Surat, Gujarat. The Court had earlier issued notice to the husband and stayed the Lucknow proceedings pending the outcome. Although notice was duly served, the husband chose not to appear before the Supreme Court to contest the petition.

Decision Breakdown

Having heard the wife's counsel and reviewed the record, and with the husband not contesting the matter, the Court found it appropriate to allow the transfer. It directed that the Matrimonial Case pending before the Family Court at Lucknow be transferred to the Family Court at Surat, Gujarat, and instructed the Lucknow court to immediately send the case records to the Surat court.

Lesson Learnt

The Supreme Court can transfer matrimonial cases between family courts in different states (commonly on grounds of convenience or hardship to one spouse), and an uncontested transfer petition, where the other side does not appear despite being served, is typically allowed without detailed adjudication on merits.

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

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