Supreme Court Transfers Divorce Case from Thane to Mangalore: Rashmi Rohan Shetty vs. Rohan Raghunath Shetty (25 October 2021)

Date of the Judgment: 25 October 2021
Citation: Not Available
Judges: Justice B.V. Nagarathna
Can a divorce case be transferred to a court that is more convenient for one of the parties? The Supreme Court of India recently addressed this question in a transfer petition. The core issue was whether the divorce petition filed by the husband in Thane, Maharashtra, should be transferred to Mangalore, Karnataka, where the wife currently resides. The court, in this case, was presided over by Justice B.V. Nagarathna.

Case Background

The case involves a divorce petition filed by the husband, Rohan Raghunath Shetty, against his wife, Rashmi Rohan Shetty, in the Family Court at Thane, Maharashtra. The wife, Rashmi Rohan Shetty, filed a transfer petition seeking to move the case to a court in Mangalore, Dakshin Kannada District, Karnataka, where she currently resides. The wife argued that the distance between Thane and Mangalore made it difficult for her to effectively defend herself in the divorce proceedings.

Timeline

Course of Proceedings

There is no mention of any lower court proceedings in the provided document.

Legal Framework

There are no specific legal provisions mentioned in the provided document.

Arguments

Petitioner (Wife):

• The wife’s primary argument was based on her current residence in Mangalore, Karnataka.
• She pleaded difficulty in defending the divorce petition due to the considerable distance between Thane, Maharashtra, and Mangalore, Karnataka.

Respondent (Husband):

• The husband’s counsel stated that they had no objection to the transfer of the case to Mangalore, Karnataka.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame any issues in the provided document. However, the implicit issue was:

1. Whether the divorce petition filed in Thane, Maharashtra, should be transferred to a court of competent jurisdiction in Mangalore, Karnataka, considering the wife’s residence and the distance between the two locations.

Treatment of the Issue by the Court

Authorities

No authorities (cases or legal provisions) were cited in the provided document.

Judgment

What weighed in the mind of the Court?

The primary factor that weighed in the mind of the Court was the difficulty faced by the wife in defending the divorce petition due to the considerable distance between Thane and Mangalore. The court also considered the husband’s lack of objection to the transfer.

The Supreme Court’s reasoning was straightforward. It focused on the practical difficulties faced by the wife in traveling from Mangalore to Thane to defend the divorce petition. The husband’s lack of objection further simplified the decision-making process. The Court aimed to facilitate a fair and effective defense for the wife by transferring the case to a court closer to her residence.

The court stated, “In the circumstances, having regard to the difficulty pleaded by the Petitioner and the distance between Thane, Maharashtra and Mangalore at Karnataka being considerable and in order to enable the petitioner to effectively defend the aforesaid petition, the aforesaid petition namely M.P. No. A123/2019 titled as “ Mr. Rohan Raghunath Shetty Vs. Mrs. Rashmi Rohan Shetty” is directed to be transferred to a Court of competent jurisdiction that is the competent Family Court, at Mangalore, Karnataka.”

The Court also noted, “It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Mangalore for expeditious disposal of the petition.”

The Court concluded, “The Petition is allowed and disposed of in the aforesaid terms.”

There were no dissenting opinions in this case, as it was a single-judge bench decision.

Key Takeaways

• ✓ Transfer of cases can be granted based on the convenience of the parties, particularly when there is a significant distance between the locations of the courts and the residence of a party.
• ✓ The court prioritizes ensuring that parties can effectively participate in legal proceedings.
• ✓ Lack of objection from the opposing party can be a significant factor in transfer decisions.

Directions

The Supreme Court directed the transfer of the divorce petition, namely M.P. No. A123/2019 titled as “Mr. Rohan Raghunath Shetty Vs. Mrs. Rashmi Rohan Shetty”, to the competent Family Court at Mangalore, Karnataka.

Specific Amendments Analysis

There is no discussion of any specific amendments in the provided document.

Development of Law

The case reinforces the principle that courts should consider the convenience of parties, especially in matrimonial disputes, when deciding on the transfer of cases. The ratio decidendi is that a case can be transferred to a court of competent jurisdiction to enable a party to effectively defend their case, especially when there is a long distance between the court and the party’s residence.

Conclusion

The Supreme Court allowed the transfer petition filed by the wife, Rashmi Rohan Shetty, and ordered the divorce case to be moved from the Family Court in Thane, Maharashtra, to the Family Court in Mangalore, Karnataka. This decision was based on the difficulty faced by the wife in traveling to Thane and the husband’s lack of objection to the transfer. The ruling emphasizes the importance of ensuring that parties can effectively participate in legal proceedings without undue hardship.