LEGAL ISSUE: Transfer of a matrimonial dispute case.
CASE TYPE: Matrimonial Dispute
Case Name: Aprajita Chakraborty vs. Anirban Biswangri
Judgment Date: 05 September 2022
Date of the Judgment: 05 September 2022
Citation: Not Available
Judges: Uday Umesh Lalit, CJI and 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 addressed this question in a recent case involving a couple in a marital dispute. The Court considered the facts and circumstances of the case and allowed the transfer petition. This judgment was delivered by a bench comprising Chief Justice Uday Umesh Lalit and Justice S. Ravindra Bhat.
Case Background
The petitioner, Aprajita Chakraborty, filed a transfer petition seeking to move a case filed by her husband, Anirban Biswangri, from the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra, to a court in Gaya, Bihar. The husband had initiated a matrimonial dispute case in Thane. The wife, residing in Gaya, sought the transfer of the case to her local court.
Timeline
| Date | Event |
|---|---|
| Not Specified | Respondent-husband filed a petition in the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra. |
| 27 September 2021 | Supreme Court issued notice and stayed proceedings in the Thane court. |
| 05 September 2022 | Supreme Court allowed the transfer petition. |
Course of Proceedings
The Supreme Court issued notice on 27 September 2021, and stayed the proceedings at the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra. After hearing the counsels and reviewing the record, the Supreme Court decided to allow the transfer petition.
Legal Framework
The judgment does not explicitly cite any specific legal provisions or statutes. The core legal issue revolves around the Supreme Court’s power to transfer cases under its inherent jurisdiction to ensure convenience and justice.
Arguments
The judgment does not detail the specific arguments made by either party. However, it can be inferred that the petitioner-wife argued for the transfer of the case to Gaya, Bihar, for her convenience, while the respondent-husband likely opposed the transfer, preferring the case to continue in Thane, Maharashtra.
| Petitioner’s Submissions | Respondent’s Submissions |
|---|---|
| ✓ Sought transfer of case to Gaya, Bihar, for convenience. | ✓ Likely opposed transfer, preferred Thane court. |
Issues Framed by the Supreme Court
The primary issue before the Supreme Court was:
- Whether the petition filed by the husband in the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra, should be transferred to the Court of competent jurisdiction at Gaya, Bihar.
Treatment of the Issue by the Court
| Issue | Court’s Decision | Reason |
|---|---|---|
| Whether the case should be transferred from Thane to Gaya? | Yes, the case was transferred. | The Court considered the facts and circumstances of the case and deemed it appropriate to allow the transfer petition. |
Authorities
The judgment does not cite any specific authorities, precedents, or legal provisions.
Judgment
| Submission | Court’s Treatment |
|---|---|
| Petitioner’s request to transfer case to Gaya, Bihar | Allowed. The Court found it appropriate to transfer the case. |
The Court did not cite any specific authorities in its judgment. The decision was based on the facts and circumstances of the case.
What weighed in the mind of the Court?
The Supreme Court’s decision to transfer the case was primarily influenced by the circumstances of the case and the need to ensure convenience for both parties. The Court did not provide a detailed reasoning but emphasized that it deemed the transfer appropriate based on the record.
| Sentiment | Percentage |
|---|---|
| Convenience of the parties | 100% |
| Category | Percentage |
|---|---|
| Fact | 100% |
| Law | 0% |
Logical Reasoning
Wife files transfer petition
Supreme Court considers facts & circumstances
Court deems transfer appropriate
Case transferred to Gaya, Bihar
Key Takeaways
- ✓ The Supreme Court can transfer matrimonial cases to ensure convenience and justice for the parties involved.
- ✓ The Court considers the specific facts and circumstances of each case when deciding on transfer petitions.
- ✓ The court also directs the court at Gaya to explore the possibility of settlement between the parties through the process of mediation.
Directions
The Court at Thane, Maharashtra, was directed to immediately transmit the entire record to the Court of District Judge, Gaya, who in turn shall assign the matter to a Court of competent jurisdiction. The Court at Gaya was directed to explore the possibility of settlement between the parties through the process of mediation.
Development of Law
This judgment reinforces the Supreme Court’s authority to transfer cases to ensure convenience and justice. It highlights the Court’s role in facilitating access to justice in matrimonial disputes.
Conclusion
The Supreme Court allowed the transfer petition filed by the wife, moving the matrimonial case from Thane, Maharashtra, to Gaya, Bihar. This decision was based on the Court’s assessment of the facts and circumstances, aiming to ensure convenience for both parties and promote the possibility of settlement through mediation.