Supreme Court Orders Transfer of Conjugal Rights Case: Akkireddy Nihaarika vs. Akkireddy Karteek Kumar (2022)

Date of the Judgment: January 27, 2022. Citation: TP(C) 1532/2020. Judges: Dr. Dhananjaya Y Chandrachud, J. and Sanjiv Khanna, J. Can a case for restitution of conjugal rights be transferred from one state to another for the convenience of the parties involved? The Supreme Court of India addressed this question in a recent judgment, deciding to transfer a case from Andhra Pradesh to Telangana. This decision aimed to facilitate the proceedings for both parties involved in the matter. The bench consisted of Justices Dr. Dhananjaya Y Chandrachud and Sanjiv Khanna.

Case Background

The case involves a transfer petition filed by Smt. Akkireddy Nihaarika seeking the transfer of a petition for restitution of conjugal rights. The petition for restitution of conjugal rights was filed by the respondent, Akkireddy Karteek Kumar, and was pending before the Family Court in Visakhapatnam, Andhra Pradesh. The petitioner sought to have the case transferred to a court in Lothagudem Bhadhradri, Kothagudem District, Telangana.

Timeline:

Course of Proceedings

The transfer petition was filed by Smt. Akkireddy Nihaarika to move the case from the Family Court in Visakhapatnam, Andhra Pradesh, to a court in Telangana. The Supreme Court issued a notice regarding the transfer petition on March 1, 2021. After considering the matter, the Court found it appropriate to transfer the case.

Legal Framework

The judgment does not explicitly cite any specific statutes or legal provisions. However, the legal framework is based on the inherent powers of the Supreme Court to transfer cases to ensure the convenience of the parties and to meet the ends of justice. The power to transfer cases is derived from the Supreme Court’s authority to oversee the administration of justice across the country.

Arguments

The arguments presented by the parties are not explicitly detailed in the judgment. However, it can be inferred that the petitioner, Smt. Akkireddy Nihaarika, argued for the transfer of the case to Telangana for her convenience. The respondent’s arguments are not mentioned, but the court’s decision suggests that the petitioner’s request was deemed reasonable and just.

The primary argument of the petitioner was the convenience of the proceedings to be conducted in Telangana. The respondent’s position was not explicitly stated in the judgment. The Court, after considering the circumstances, found it appropriate to allow the transfer.

Issues Framed by the Supreme Court

The Supreme Court did not frame explicit issues in this order. However, the implicit issue was:

1. Whether the petition for restitution of conjugal rights should be transferred from the Family Court in Visakhapatnam, Andhra Pradesh, to a court in Lothagudem Bhadhradri, Kothagudem District, Telangana.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The judgment does not cite any specific cases or legal provisions. The decision is based on the Court’s assessment of the situation and its inherent powers to ensure justice.

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision to transfer the case was primarily based on ensuring the interests of justice and the convenience of the parties involved. The Court considered the petitioner’s request for the transfer to be reasonable, which suggests that the Court prioritized facilitating the proceedings for both parties. The Court’s order also included a provision for the parties to appear through video conferencing, indicating a concern for minimizing the burden of travel and ensuring accessibility to the proceedings.

The Court’s decision was straightforward, focusing on the practical aspects of the case and the convenience of the parties. The Court did not delve into complex legal interpretations but rather applied its inherent powers to ensure a fair and accessible legal process. The decision was made without any dissenting opinions, indicating a unanimous agreement among the judges.

“Having regard to the interests of justice, we are of the view that the order for the transfer of the proceedings is warranted.”

“We accordingly allow the transfer petition and direct that the petition for restitution of conjugal rights instituted by the respondent…be transferred to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, T elangana.”

“However, the parties are at liberty to apply before the court of the Principal Senior Civil Judge/competent court for appearing through the video conferencing mode.”

Key Takeaways

• ✓ The Supreme Court has the power to transfer cases to ensure the convenience of the parties.
• ✓ The Court prioritizes the interests of justice and accessibility to the legal process.
• ✓ Parties can request to appear through video conferencing to minimize travel burdens.
• ✓ This case highlights the Court’s role in facilitating fair and accessible legal proceedings.

Directions

The Supreme Court directed that the petition for restitution of conjugal rights be transferred from the court of the Judge, Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana. The Court also allowed the parties to apply for appearing through video conferencing.

Specific Amendments Analysis

There is no discussion of specific amendments in this judgment.

Development of Law

The ratio decidendi of this case is that the Supreme Court can transfer cases to ensure the convenience of the parties and to meet the ends of justice. This decision reinforces the Court’s authority to oversee the administration of justice and ensure that legal proceedings are accessible and fair. There is no change in the previous position of law.

Conclusion

In conclusion, the Supreme Court allowed the transfer petition filed by Smt. Akkireddy Nihaarika, directing the transfer of the restitution of conjugal rights case from Visakhapatnam, Andhra Pradesh, to Lothagudem Bhadhradri, Kothagudem District, Telangana. The Court’s decision was based on ensuring the convenience of the parties and promoting the interests of justice. The Court also provided the option for the parties to appear through video conferencing, further facilitating the legal process.