Supreme Court Transfers Matrimonial Case for Convenience of Wife: Aastha Manoj Sonwane vs. Manoj Tukaram Sonwane (2022)

Date of the Judgment: September 5, 2022
Judges: Uday Umesh Lalit, CJI, and S. Ravindra Bhat, J.
Can a matrimonial dispute be transferred to a court that is more convenient for the wife? The Supreme Court of India recently addressed this question in a transfer petition filed by a wife seeking to move her case from Nashik, Maharashtra, to Delhi. This case highlights the Court’s consideration of the convenience of parties, especially in matrimonial disputes, and its emphasis on exploring mediation for settlement. The judgment was delivered by a bench comprising Chief Justice Uday Umesh Lalit and Justice S. Ravindra Bhat.

Case Background

The petitioner, Aastha Manoj Sonwane, filed a transfer petition seeking to move the proceedings initiated by her husband, Manoj Tukaram Sonwane, under Section 9 of the Hindu Marriage Act, 1955. The husband had filed a case for restitution of conjugal rights in the Family Court at Nashik Road, Nashik, Maharashtra. The wife requested the Supreme Court to transfer the case to the Family Court in Dwarka, New Delhi, citing her convenience.

Timeline

Course of Proceedings

The Supreme Court, after issuing notice on September 27, 2021, and staying the proceedings at the Family Court in Nashik, heard the arguments from both sides. The Court considered the facts and circumstances presented and decided to allow the transfer petition.

Legal Framework

The case revolves around Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights. The section states:

“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.”

Arguments

The petitioner-wife sought the transfer of the case from Nashik to Delhi, arguing that it would be more convenient for her to attend the proceedings in Delhi. The respondent-husband did not object to the transfer. The Supreme Court considered the circumstances and the convenience of the parties involved.

Issues Framed by the Supreme Court

• Whether the transfer petition filed by the petitioner-wife seeking transfer of the proceedings under Section 9 of the Hindu Marriage Act, 1955 from the Family Court at Nashik to the Family Court at Dwarka, Delhi should be allowed.

Treatment of the Issue by the Court

Authorities

No specific authorities were cited by the Supreme Court in this judgment.

Judgment

What weighed in the mind of the Court?

The Supreme Court considered the convenience of the wife and the overall circumstances of the case. The Court also directed the Family Court at Dwarka to explore the possibility of settlement through mediation, emphasizing the importance of resolving matrimonial disputes amicably.

The Court’s decision was based on the following reasons:

• The convenience of the wife was a primary consideration.
• The Court aimed to facilitate a settlement through mediation.
• The Court considered the overall circumstances of the case and found it appropriate to transfer the case.

The Supreme Court stated: “Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.”

The Court further directed: “The Family Court at Dwarka is directed to explore the possibility of settlement between the parties through the process of mediation.”

The Court also directed: “The Family Court at Nashik is directed to transmit the entire record to the transferee court immediately.”

Key Takeaways

• Matrimonial cases can be transferred to a court that is more convenient for the parties involved, especially for the wife.
• The Supreme Court prioritizes the convenience of parties in matrimonial disputes.
• Mediation is an important tool for resolving matrimonial disputes, and courts often direct parties to explore this option.

Directions

The Supreme Court directed the Family Court at Dwarka to explore the possibility of settlement between the parties through mediation. The Family Court at Nashik was directed to transmit the entire record to the transferee court immediately.

Development of Law

This judgment reinforces the principle that the convenience of the parties, particularly the wife, is a significant factor when deciding on the transfer of matrimonial cases. It also highlights the importance of mediation in resolving such disputes.

Conclusion

In the case of Aastha Manoj Sonwane vs. Manoj Tukaram Sonwane, the Supreme Court transferred a case under Section 9 of the Hindu Marriage Act, 1955, from Nashik to Delhi, prioritizing the wife’s convenience and directing the Family Court at Dwarka to explore the possibility of settlement through mediation. This decision underscores the Court’s commitment to ensuring fair and accessible justice, particularly in matrimonial disputes.