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Sharmila Bagchi @ Gangopadhayay vs. Sourav Gangopadhayay

Transfer Petition (Civil) · 2022 INSC 61Decided 18 Jan 2022
Transfer Petition (Civil) No. 124 of 2020
Surya Kant

Background

The petitioner-wife sought transfer of a divorce petition filed by her husband under Section 13 of the Hindu Marriage Act, 1955, which was pending before the Family Court in Burdwan, West Bengal, to a Family Court in Shamli, Uttar Pradesh, where she was residing with her parents and had also filed a maintenance petition. The couple, both doctors by profession, married in January 2017 and had no children. The husband, despite being served notice, did not appear or contest the transfer petition.

Decision Breakdown

The Court noted that the respondent-husband had been duly served (as confirmed by a signed acknowledgment card) but showed no interest in contesting the transfer. Taking into account that the wife was residing with her parents in Shamli and had also filed a maintenance case there, the Court found it appropriate to allow the transfer petition. It ordered the divorce suit to be moved from the Family Court in Burdwan to the Family Court in Shamli, with the records to be transferred immediately, while giving the husband liberty to seek recall of the order within three months if it turned out he had not actually been served.

Lesson Learnt

In matrimonial transfer petitions, courts routinely give weight to the convenience and current residence of the wife, especially where the husband does not contest; such transfers are often granted to ease the burden of litigating from a distant or inconvenient forum.

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

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