Supreme Court on Transfer of Divorce Cases

Supreme Court on Transfer of Divorce Cases when a divorce case  is filed in one state and the opposite party resides in another state  , whosoever files the divorce case that can be transferred by the opposite party by filing a transfer petition in Supreme Court. Now in case the husband fies a divorce case in chennai and the wife resides in Kolkata then the wife may file a transfer petition before the Hon’ble Supreme Court to transfer the divorce case to kolkata where she resides.

Supreme Court on Transfer of Divorce Cases  filed by wife under the following grounds-

1. When other cases are already pending where she resides like for example  complaint case under the DV Act or Maintenance under 125 CrPc  or when both cases are pending.
2. When she has safety concerns and threat to life.
3. When she has a minor child and cannot leave the child alone or undertake journey all alone
4. When she cannot bear expenses for travel or due to illness
5. In case she’s deserted by husband
6. When she’s unable to bear expenses for food and lodging

Supreme Court on Transfer of Divorce Cases filed by husband under the following grounds-

For husbands to file a transfer petition can be successful when neither party resides in the place where the wife has filed divorce. In case the wife files he can always defend it with his own reasons and grounds and so it does not mean that success  of husbands filing transfer petition cannot be entirely unsuccessful. In fact  husbands should oppose if they have valid grounds to and the  Hon’ble Court will take into consideration the grounds relied upon

 In Gayatri Mohapatra v. Ashit Kumar Panda (2003)11SCC73, the Hon’ble Supreme Court   while allowing the transfer petition  laid the condition that  the husband bears  travel expenses including  boarding and lodging.

Mediation in Supreme Court

Mediation is a good option in matrimonial cases , in fact most cases finally settle in mediation . Now since when one party files a divorce case and the other party files for transfer petition it is advisable that both parties should avail the opportunity to settle the matter in mediation.  The parties almost always feel that since the matter is just at the initial stages of divorce proceedings it is better to wait and see the turn of things  thats because transfer petition is filed when the divorce matter has just been filed in family court. But that should not be the attitude it is better and wiser to see the pros and cons and settle the matter in supreme court mediation center.

In Krishna Veni Nagam v. Harish Nagam AIR 2017 SC 1345 , the Hon’ble Supreme Court has  stressed the need for  video conferencing  in cases where it is not feasible to appear personally in court.

For any information to file a transfer Petition before the Hon’ble Supreme Court kindly click here

For assistance kindly call at 987 044 7987.