Case Note & Summary
The petitioner-wife, Mansi Khatri, filed a Transfer Petition under Article 139A of the Constitution read with Section 25 of the Code of Civil Procedure, 1908, seeking transfer of Divorce Petition No.802 of 2022 filed by her husband, Gaurav Khatri, under Section 13(1) of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Indore, Madhya Pradesh, to the Family Court, Lucknow, Uttar Pradesh. The parties married on 12.12.2016 and separated on 29.10.2021 without any child. The wife resides at Lucknow with her parents. The wife's father had lodged an FIR No.0234 of 2022 at Police Station Ghazipur, Uttar Pradesh, under Sections 498A, 323, 354 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961. The wife also filed a Maintenance Case at Lucknow. The husband opposed the transfer, but the Supreme Court, considering the wife's convenience, safety, and the pendency of criminal proceedings at Lucknow, allowed the transfer and directed that the divorce petition be transferred from Indore to Lucknow.
Headnote
A) Family Law - Transfer of Divorce Petition - Section 13(1) Hindu Marriage Act, 1955 - Convenience of Wife - The wife sought transfer of divorce petition from Indore to Lucknow, citing her residence at Lucknow, pendency of criminal proceedings at Lucknow, and safety concerns. The Supreme Court allowed the transfer, holding that the wife's convenience and safety must be given primacy, especially when she is residing at her parental home and has filed criminal cases at the same place. (Paras 1-4)
Issue of Consideration
Whether the divorce petition filed by the husband at Indore should be transferred to Lucknow at the instance of the wife, considering her convenience and safety.
Final Decision
The Supreme Court allowed the Transfer Petition and directed that Divorce Petition No.802 of 2022 pending before the Principal Judge, Family Court, Indore, Madhya Pradesh be transferred to the Family Court, Lucknow, Uttar Pradesh.
Law Points
- Transfer of divorce petition under Section 13(1) of Hindu Marriage Act
- 1955
- convenience of wife
- pendency of criminal proceedings at wife's place
