Supreme Court Transfers Matrimonial Case: Priyanka Arya vs. Ashutosh Arya (2021)

Introduction

Date of the Judgment: 01 October 2021
Citation: Not Available
Judges: J.K. Maheshwari, J.

Can a matrimonial dispute case be transferred to a different location for the convenience of the parties involved? The Supreme Court of India recently addressed this question in the case of *Priyanka Arya vs. Ashutosh Arya*. The core issue revolved around the transfer of a Hindu Marriage Act (HMA) case from a family court in Delhi to a family court in Uttarakhand. The Supreme Court, after considering the circumstances, ordered the transfer of the case to Nainital, Uttarakhand. This decision was made by a single judge bench comprising of Justice J.K. Maheshwari.

Case Background

The case involves a matrimonial dispute between Priyanka Arya (the petitioner) and Ashutosh Arya (the respondent). The petitioner, Priyanka Arya, filed a transfer petition under Section 25 of the Code of Civil Procedure, 1908. She sought the transfer of HMA No. 109 of 2020, titled “Ashutosh Arya vs. Priyanka Arya,” which was pending before the Principal Judge, Family Court, South East, Saket, Delhi, to the Principal Judge, Family Court, Nainital, Uttarakhand. The petitioner’s parents and the respondent’s parents are from Haldwani. The husband (respondent) is posted in Delhi, while the wife (petitioner) is pursuing her Ph.D. in Solan, Himachal Pradesh.

Timeline

Course of Proceedings

The case originated as HMA No. 109 of 2020, filed by Ashutosh Arya against Priyanka Arya, in the Family Court at Saket, Delhi. Dissatisfied with the location of the proceedings, Priyanka Arya filed a transfer petition before the Supreme Court of India, seeking the transfer of the case to the Family Court in Nainital, Uttarakhand.

Legal Framework

The petitioner invoked Section 25 of the Code of Civil Procedure, 1908, which provides the Supreme Court with the power to transfer any suit, appeal, or other proceeding from one High Court or other Civil Court in one State to a High Court or other Civil Court in any other State. This provision is designed to ensure justice and convenience for the parties involved in a legal dispute.

Arguments

The petitioner, Priyanka Arya, argued that the case should be transferred to Nainital, Uttarakhand, because:

• Her parents and the respondent’s parents are from Haldwani, which is close to Nainital.
• She is currently pursuing her Ph.D. in Solan, Himachal Pradesh, which is also closer to Nainital than Delhi.

The respondent, Ashutosh Arya, is posted in Delhi.

The Supreme Court considered the convenience of both parties and their respective locations.

Issues Framed by the Supreme Court

The main issue before the Supreme Court was:

1. Whether the case being HMA No. 109 of 2020 pending before the Court of Principal Judge, Family Court, South East, Saket, Delhi should be transferred to the Court of Principal Judge, Family Court, Nainital, Uttarakhand.

Treatment of the Issue by the Court

Authorities

The Supreme Court did not cite any specific cases or legal provisions other than Section 25 of the Code of Civil Procedure, 1908, in this order.

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the convenience of both parties. The fact that the parents of both the petitioner and the respondent were from Haldwani, and the petitioner was pursuing her Ph.D. in Solan, made Nainital a more convenient location for the proceedings. The Court aimed to ensure that both parties could participate in the proceedings without undue hardship.

Key Takeaways

✓ Matrimonial cases can be transferred to a location that is convenient for both parties.
✓ The Supreme Court considers the location of the parties’ families and their current residences when deciding on transfer petitions.
✓ The Family Court at Saket, Delhi, was directed to transfer the case records to the Family Court at Nainital, Uttarakhand, immediately.
✓ The Family Court at Nainital was directed to decide the case expeditiously.

Directions

The Principal Judge, Family Court, South East, Saket at Delhi was directed to transmit the entire record to the transferee Court immediately. The transferee Court shall decide the case so transferred as expeditiously as possible.

Development of Law

The ratio decidendi of this case is that the Supreme Court can transfer a matrimonial case from one family court to another in the interest of justice and convenience of the parties. This decision emphasizes the importance of considering the practical difficulties faced by the parties in matrimonial disputes when deciding on the location of the proceedings. There is no change in the previous position of law.

Conclusion

In conclusion, the Supreme Court allowed the transfer petition filed by Priyanka Arya and ordered the transfer of the matrimonial case from the Family Court in Delhi to the Family Court in Nainital, Uttarakhand. This decision was based on the convenience of both parties, considering their family locations and current residences. The Court also directed the lower courts to ensure the expeditious disposal of the case.