Supreme Court Transfers Divorce Case: Surbhi Goyal vs. Ashutosh Banka (2022)

Introduction

Date of the Judgment: 05 September 2022
Citation: Not Available
Judges: Uday Umesh Lalit, CJI and S. Ravindra Bhat, J.

When a couple decides to separate, where should their divorce case be heard? The Supreme Court of India recently addressed this question in a case where a wife sought to transfer her divorce proceedings to a court closer to her residence. This case highlights the importance of ensuring that legal proceedings are convenient for all parties involved. The Supreme Court, in this instance, transferred the divorce petition filed by the husband from the Family Court in Kushinagar, Uttar Pradesh, to the Family Court in Samastipur, Bihar. The bench comprised of Chief Justice Uday Umesh Lalit and Justice S. Ravindra Bhat.

Case Background

The petitioner, Surbhi Goyal (Agrawal), filed a transfer petition seeking to move the divorce proceedings initiated by her husband, Ashutosh Banka. The husband had filed a divorce petition in the Family Court at Kushinagar Padrauna, Uttar Pradesh. The wife, residing in Samastipur, Bihar, found it inconvenient to travel to Uttar Pradesh for the proceedings. Therefore, she requested that the case be transferred to the Family Court in Samastipur, Bihar.

Timeline

Arguments

The petitioner-wife sought the transfer of the divorce petition to the Family Court in Samastipur, Bihar, citing her convenience and residence in Bihar. The respondent-husband did not specifically object to the transfer, but his arguments are not detailed in the judgment.

Issues Framed by the Supreme Court

The Supreme Court did not frame specific issues but considered the transfer request based on the facts and circumstances presented.

Treatment of the Issue by the Court

Authorities

No specific authorities (cases or legal provisions) were cited by the Supreme Court in this order. The decision was based on the facts and circumstances of the case.

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision to transfer the divorce petition was primarily influenced by the need to ensure convenience for the petitioner-wife. The court considered the fact that the wife resided in Samastipur, Bihar, and that requiring her to travel to Kushinagar, Uttar Pradesh, for court proceedings would be unduly burdensome. The court’s decision reflects a practical approach, prioritizing ease of access to justice.

Key Takeaways

• ✓ Divorce cases can be transferred to a court that is more convenient for the parties involved.
• ✓ The Supreme Court prioritizes the convenience of the parties, especially in cases involving family disputes.
• ✓ This decision ensures that legal proceedings do not become an additional burden on the parties.

Directions

The Family Court at Kushinagar Padrauna, Uttar Pradesh, was directed to transmit the entire record to the Family Court at Samastipur, Bihar, immediately. The parties were directed to appear before the Family Court at Samastipur, Bihar, on 12.09.2022. The Court also directed that any request for referral of the matter to the mediation center be considered by the concerned court.

Specific Amendments Analysis

There were no specific amendments discussed in this judgment.

Development of Law

The ratio decidendi of this case is that the Supreme Court can transfer a divorce petition from one family court to another based on the convenience of the parties. This decision reinforces the principle that access to justice should be convenient and not burdensome, especially in family law matters.

Conclusion

The Supreme Court allowed the transfer petition filed by the wife, moving the divorce case from the Family Court in Kushinagar, Uttar Pradesh, to the Family Court in Samastipur, Bihar. This decision was based on the convenience of the wife, ensuring that she would not have to travel long distances for court proceedings. The Supreme Court’s order highlights the importance of ensuring that legal proceedings are accessible and convenient for all parties involved.