Case Note & Summary
The Supreme Court of India heard a transfer petition filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908. The petitioner sought transfer of a divorce petition filed by the respondent-husband from the Court of Principal District Judge Family Court at Gurugram, Haryana, to any competent court at Gwalior, Madhya Pradesh. The petitioner submitted that she was presently residing at Gwalior, making it difficult for her to attend proceedings in Gurugram. The respondent raised no objection to the proposed transfer. The court considered the petitioner's pleaded difficulty and the considerable distance between Gurugram and Gwalior. To enable the petitioner to effectively defend the divorce petition, the court directed transfer of HMA No. 560/2018 titled 'Sh. Vinod Srivastava vs. Dr. Babita Srivastava' to a competent court at Gwalior. The court disposed of the petition with directions for both parties to cooperate for expeditious disposal. The transfer was allowed based on convenience considerations and the absence of opposition from the respondent.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 25 Code of Civil Procedure, 1908 - The petitioner-wife sought transfer of divorce petition from Gurugram to Gwalior citing her residence and considerable distance - Court considered petitioner's difficulty and respondent's no objection, directing transfer to enable effective defense - Held that transfer is appropriate to facilitate petitioner's participation (Paras 1-2).
Issue of Consideration
Whether the divorce petition filed by the husband in Gurugram should be transferred to Gwalior for the convenience of the wife
Final Decision
The petition is allowed and disposed of. HMA No. 560/2018 titled 'Sh. Vinod Srivastava vs. Dr. Babita Srivastava' is directed to be transferred to a court of competent jurisdiction at Gwalior, M.P. Both parties must cooperate for expeditious disposal.
Law Points
- Transfer of proceedings under Section 25 CPC
- convenience of parties
- effective defense
- distance between forums
- no objection from respondent
