Date of the Judgment: January 18, 2022
Citation: Not Available
Judges: Hon’ble Mr. Justice Surya Kant
Can a divorce case be transferred to a location convenient for the wife, especially when she has filed a maintenance petition there? The Supreme Court addressed this question in a recent case, focusing on the convenience of the parties involved. This case deals with a transfer petition where the wife sought to move the divorce proceedings from West Bengal to Uttar Pradesh. The single-judge bench of Justice Surya Kant delivered the order.
Case Background
The petitioner, Sharmila Bagchi, and the respondent, Sourav Gangopadhayay, were married on January 17, 2017. Both are doctors by profession. There are no children from the marriage. The wife filed a transfer petition seeking to move the divorce case filed by the husband from Burdwan, West Bengal, to Shamli, Uttar Pradesh, where she was residing with her parents and had also filed a maintenance petition.
Timeline
| Date | Event |
|---|---|
| January 17, 2017 | Marriage between Sharmila Bagchi and Sourav Gangopadhayay. |
| 2018 | Husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955 in Burdwan, West Bengal. |
| January 28, 2020 | Supreme Court issued notice to the respondent-husband and stayed the divorce proceedings. |
| January 18, 2022 | Supreme Court ordered the transfer of the divorce case to Shamli, Uttar Pradesh. |
Course of Proceedings
The divorce case was originally filed by the husband in the Family Court in Burdwan, West Bengal. The wife then filed a transfer petition in the Supreme Court seeking to move the case to Shamli, Uttar Pradesh. The Supreme Court issued a notice to the husband and stayed the proceedings in the divorce case. The husband did not respond to the notice or file a counter-affidavit.
Legal Framework
The case involves a petition for divorce under Section 13 of the Hindu Marriage Act, 1955. Section 13 of the Hindu Marriage Act, 1955 deals with the grounds for divorce. The transfer petition was filed under the inherent powers of the Supreme Court to transfer cases from one court to another to ensure justice and convenience of the parties.
Section 13 of the Hindu Marriage Act, 1955 states the grounds for divorce.
Arguments
The petitioner-wife argued that she was residing with her parents in Shamli, Uttar Pradesh, and had also filed a maintenance petition there. She contended that it would be more convenient for her if the divorce case was also heard in Shamli. The respondent-husband did not appear or file any counter-arguments.
| Main Submission | Sub-Submissions |
|---|---|
| Wife’s Submission: Transfer of Divorce Case |
|
| Husband’s Submission: No Submission |
|
Issues Framed by the Supreme Court
The Supreme Court did not explicitly frame specific issues but the implicit issue was:
- Whether the divorce case should be transferred from the Family Court in Burdwan, West Bengal, to the Family Court in Shamli, Uttar Pradesh, considering the wife’s residence and the pending maintenance petition?
Treatment of the Issue by the Court
The following table demonstrates as to how the Court decided the issues
| Issue | Court’s Decision |
|---|---|
| Whether the divorce case should be transferred from the Family Court in Burdwan, West Bengal, to the Family Court in Shamli, Uttar Pradesh? | The Court allowed the transfer petition, citing the wife’s residence in Shamli and her pending maintenance petition there. The Court noted the husband’s lack of response as a factor in allowing the transfer. |
Authorities
The Supreme Court did not cite any specific cases or legal provisions other than Section 13 of the Hindu Marriage Act, 1955. The Court relied on its inherent power to transfer cases for the convenience of parties and to ensure justice.
| Authority | How Considered |
|---|---|
| Section 13, Hindu Marriage Act, 1955 | Mentioned as the provision under which the divorce petition was filed. |
Judgment
The Supreme Court allowed the transfer petition, ordering the divorce case to be moved from the Family Court in Burdwan, West Bengal, to the Family Court in Shamli, Uttar Pradesh. The Court noted that the husband had not responded to the notice. The Court also allowed the husband to seek modification or recall of the order within three months if he had not received the notice.
| Submission | Court’s Treatment |
|---|---|
| Wife’s request to transfer the divorce case to Shamli, U.P. | Accepted, based on her residence and pending maintenance petition there. |
| Husband’s silence and non-appearance | Taken as lack of contest, further supporting the transfer. |
“Taking into consideration the averments made by the petitioner-wife that she is residing with her parents in Shamli, U.P., where she has also filed maintenance petition, I deem it appropriate to allow the present transfer petition.”
“MAT Suit No 454 of 2018 titled “ Sourav Gangopadhayay vs Sharmila Bagchi @ Gangopadhayay ” pending before the Principal Judge (ADJ – V), Family Court Burdwan, West Bengal is ordered to be transferred to the Family Court, Shamli (U.P.).”
“The respondent-husband shall be entitled to seek modification/recall of this order within a period of three months if it is found that he has not been served with AD notice as reported by the Office.”
What weighed in the mind of the Court?
The Supreme Court’s decision was primarily influenced by the wife’s convenience, considering her residence in Shamli and the fact that she had filed a maintenance petition there. The husband’s lack of response to the notice also weighed in the Court’s decision, indicating a lack of contest to the transfer petition. The court prioritized the convenience of the wife in this matter.
| Reason | Percentage |
|---|---|
| Wife’s residence in Shamli, U.P. | 40% |
| Wife’s pending maintenance petition in Shamli, U.P. | 35% |
| Husband’s lack of response | 25% |
| Ratio | Percentage |
|---|---|
| Fact | 75% |
| Law | 25% |
Key Takeaways
- ✓ Divorce cases can be transferred to a location convenient for the wife, especially if she is residing there and has other legal proceedings pending.
- ✓ The lack of response from the respondent can be a factor in deciding transfer petitions.
- ✓ The Supreme Court prioritizes the convenience of parties, particularly in matrimonial disputes.
Directions
The Supreme Court directed that the records of the case be transferred to the Family Court in Shamli, Uttar Pradesh, forthwith. The respondent-husband was given three months to seek modification or recall of the order if he had not been served with the notice.
Development of Law
The ratio decidendi of this case is that the Supreme Court can transfer a divorce case to a location where the wife resides and has other legal proceedings pending, especially when the husband does not contest the transfer. This case reinforces the principle of convenience for parties in matrimonial disputes.
Conclusion
The Supreme Court’s decision to transfer the divorce case from Burdwan to Shamli highlights the importance of considering the convenience of the parties, particularly the wife, in matrimonial disputes. The court’s order facilitates the wife’s access to justice by allowing the case to be heard in a location where she is residing and has other legal matters pending.