Supreme Court Orders Transfer of Matrimonial Case: Pinki vs. Abhishek Kumar Singh (2022)

Date of the Judgment: September 5, 2022
Citation: Not Available
Judges: Uday Umesh Lalit, CJI, S. Ravindra Bhat, J.
Can a wife seek the transfer of a matrimonial case filed by her husband to a court closer to her residence? The Supreme Court of India addressed this question in a recent case, ultimately deciding to transfer the proceedings to the wife’s location for convenience. This judgment highlights the court’s consideration of the practical difficulties faced by parties in matrimonial disputes. The bench comprised of Chief Justice Uday Umesh Lalit and Justice S. Ravindra Bhat.

Case Background

The petitioner, Pinki, filed a transfer petition seeking the transfer of a case filed by her husband, Abhishek Kumar Singh. The husband’s case, H.M.A. No. 878 of 2020, was pending before the Principal Judge, Family Court, Gurugram, Haryana. Pinki requested the case be moved to the Family Court in Arwal, Bihar, where she resides.

Timeline

Course of Proceedings

The Supreme Court issued a notice on September 27, 2021, to the respondent, Abhishek Kumar Singh, and also stayed the proceedings at the Family Court in Gurugram. Although the notice was served, the respondent did not appear before the Supreme Court. The court, after considering the facts and circumstances, decided to allow the transfer petition.

Legal Framework

This case primarily involves the procedural aspect of transferring cases between different courts, specifically concerning matrimonial disputes. While the judgment does not cite specific sections of any statute, the inherent power of the Supreme Court to transfer cases for the convenience of parties is implied.

Arguments

The petitioner, Pinki, argued for the transfer of the case to Arwal, Bihar, presumably for her convenience, as she is the wife and likely resides there. The respondent, Abhishek Kumar Singh, did not appear before the Supreme Court, and thus, no arguments were presented on his behalf.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame any issues in the judgment. However, the implicit issue is:

1. Whether the matrimonial case filed by the husband in Gurugram should be transferred to the Family Court in Arwal, Bihar, based on the wife’s request.

Treatment of the Issue by the Court

Authorities

The Supreme Court did not cite any specific cases or legal provisions in this judgment. The decision was based on the facts and circumstances of the case and the inherent power of the court to transfer cases.

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision to transfer the case appears to be primarily based on the convenience of the petitioner, Pinki. The court noted the facts and circumstances of the case and deemed it appropriate to allow the transfer petition. The absence of any arguments or appearance by the respondent likely also influenced the decision.

The court’s decision was based on the practical consideration of the petitioner’s convenience and the respondent’s failure to contest the transfer. The court did not engage in a detailed legal analysis but rather focused on the procedural aspect of transferring the case.

The judgment states, “Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.” The court also directed, “The Family Court at Gurugram is directed to transmit the entire record to the transferee court immediately.” and “The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.”

Key Takeaways

• ✓ Matrimonial cases can be transferred by the Supreme Court for the convenience of parties.
• ✓ The court prioritizes the convenience of the wife in matrimonial disputes, especially when the husband does not contest the transfer.
• ✓ Non-appearance of a party can influence the court’s decision.

Directions

The Supreme Court directed the Family Court at Gurugram to transfer the case records to the Family Court in Arwal, Bihar, immediately. The Registry was also directed to send a copy of the order to both courts for compliance.

Development of Law

This judgment reinforces the Supreme Court’s power to transfer cases for the convenience of parties, especially in matrimonial disputes. While it does not introduce a new legal principle, it reaffirms the court’s commitment to ensuring fair and accessible justice.

Conclusion

The Supreme Court allowed the transfer petition filed by Pinki, transferring the matrimonial case from Gurugram to Arwal. The decision was based on the facts and circumstances of the case and the non-appearance of the respondent, highlighting the court’s consideration of practical convenience in matrimonial disputes.

Category

Parent Category: Family Law
Child Categories: Matrimonial Disputes, Transfer of Cases

Parent Category: Code of Civil Procedure, 1908
Child Category: Transfer of Cases, Code of Civil Procedure, 1908

FAQ

Q: Can a matrimonial case be transferred from one court to another?
A: Yes, the Supreme Court can transfer a matrimonial case from one court to another, especially for the convenience of the parties involved.

Q: What factors does the Supreme Court consider when deciding on a transfer petition?
A: The Supreme Court considers the convenience of the parties, particularly the wife in matrimonial disputes, and the circumstances of the case. The non-appearance of a party can also influence the decision.

Q: What should I do if I want to transfer a matrimonial case?
A: You can file a transfer petition before the Supreme Court, stating the reasons for seeking the transfer and providing relevant details about the case.