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 to transfer Divorce Case No. 94 of 2018, filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, from the Court of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan, to the Court of the Additional Civil Judge & JMFC, Gandhinagar, Gujarat. The petitioner argued that she resided in Gandhinagar, Gujarat, approximately 237 km from Sirohi, Rajasthan, making it difficult for her to travel to defend the case. Notice was issued to the respondent on October 18, 2019, and served on November 19, 2019, but the respondent did not appear or provide representation. The court considered the facts pleaded in the petition and heard the learned counsel for the petitioner. The court analyzed the issue based on the convenience of the parties and the just and appropriate grounds for transfer under Section 25 CPC. The court reasoned that the petitioner's residence in Gujarat and the significant distance involved justified the transfer to ensure her ability to participate in the proceedings effectively. The court held that it was just and appropriate to transfer the case, allowing the petition and ordering the transfer accordingly.
Headnote
A) Civil Procedure - Transfer of Cases - Convenience of Parties - Code of Civil Procedure, 1908, Section 25 - Petitioner-wife sought transfer of divorce case from Rajasthan to Gujarat citing distance of 237 km and difficulty in traveling - Court found it just and appropriate to transfer the case as petitioner resided in Gujarat and respondent did not appear despite service - Held that transfer was warranted for petitioner's convenience (Paras 1-2).
Issue of Consideration
Whether the divorce case pending in Rajasthan should be transferred to Gujarat for the convenience of the petitioner-wife
Final Decision
The petition is allowed. Divorce Case No. 94 of 2018 titled 'Shri Kailash Chand Agrawal Vs. Smt. Mamta' pending in the Court of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan is transferred to the Court of the Additional Civil Judge & JMFC, Gandhinagar, Gujarat.
Law Points
- Transfer of cases under Section 25 CPC
- convenience of parties
- just and appropriate grounds for transfer
