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Shakun Srivastava v. Prem Prakash Srivastava

Transfer Petition (Civil) · 2021 INSC 607Decided 4 Oct 2021
Transfer Petition (Civil) No. 1840 of 2018
Justice S. Ravindra Bhat

Background

A wife sought transfer of her husband's restitution-of-conjugal-rights petition (filed under Section 9 of the Hindu Marriage Act) from a Family Court in Gorakhpur, Uttar Pradesh to a Family Court in Bhopal, Madhya Pradesh, presumably for her own convenience. The husband, despite being served notice, did not appear or contest the transfer petition at any stage over several hearings, even though he was aware of related proceedings between the parties under Section 125 of the CrPC.

Decision Breakdown

Since the husband never opposed the transfer request despite having notice, and considering the wife's pleadings, the Supreme Court found the request for transfer justified and allowed it. The Court ordered the Gorakhpur Family Court to transmit the case file to the Bhopal Family Court, directed the Bhopal court to decide the transferred case as expeditiously as possible and in any event by 31 December 2022, and allowed the transfer petition in full.

Lesson Learnt

In matrimonial cases, a spouse can seek to have proceedings moved to a court more convenient for them, and an unopposed, reasonable transfer request is likely to be granted quickly by the Supreme Court.

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

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