Supreme Court Transfers Matrimonial Cases: Monika Kumari vs. Abhishek Yadav (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 matrimonial cases filed by her husband to a court closer to her residence? The Supreme Court of India recently addressed this question in a case where a wife sought the transfer of cases filed by her husband from Madhya Pradesh to Rajasthan. This case highlights the considerations for transferring matrimonial disputes between different jurisdictions, focusing on convenience and access to justice for the parties involved. The judgment was delivered by a bench comprising Chief Justice Uday Umesh Lalit and Justice S. Ravindra Bhat.

Case Background

The petitioner, Monika Kumari, filed transfer petitions seeking the transfer of two cases initiated by her husband, Abhishek Yadav. These cases were pending before the Principal Judge, Family Court, Jabalpur, Madhya Pradesh. The petitioner requested that these cases be transferred to the Principal Judge, Family Court, Kota, Rajasthan.

The transfer petitions were filed by the wife, seeking to move the proceedings from Jabalpur, Madhya Pradesh, where the husband had filed them, to Kota, Rajasthan. The wife’s plea was based on her convenience and the accessibility of the court in Kota.

Timeline

Course of Proceedings

The Supreme Court initially issued a notice on 27.09.2021, and also passed an interim order staying further proceedings in the Family Court at Jabalpur, Madhya Pradesh. After hearing the arguments from both sides and reviewing the case records, the Supreme Court decided to allow the transfer petitions.

Legal Framework

The judgment does not explicitly cite any specific sections of statutes or constitutional articles. However, the underlying principle is the inherent power of the Supreme Court to transfer cases to ensure convenience and to meet the ends of justice. This power is often exercised in matrimonial disputes to reduce the hardship faced by either party, particularly when they reside in different locations.

Arguments

The petitioner (wife) argued that the cases should be transferred to Kota, Rajasthan, for her convenience. The respondent (husband) did not make any specific arguments against the transfer, as per the judgment.

The primary argument for the transfer was the convenience of the petitioner, who was seeking to have the case heard in a court closer to her residence.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame specific issues in this order. However, the implicit issue was:

1. Whether the matrimonial cases pending in the Family Court at Jabalpur, Madhya Pradesh, should be transferred to the Family Court at Kota, Rajasthan.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The Supreme Court did not cite any specific cases or legal provisions in this order. The decision was based on the Court’s inherent power to transfer cases for the convenience of the parties and to ensure justice.

Judgment

The Supreme Court allowed the transfer petitions filed by the wife. The Court ordered the transfer of the following cases:

• CSHM No.100 of 2021, titled “Abhishek Yadav v. Monika Kumari”
• RCSHM No.950 of 2018 / Matrimonial Case No.856 of 2018 titled “Abhishek Yadav v. Monika Kumari”

These cases were transferred from the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh, to the Court of Principal Judge, Family Court, Kota, Rajasthan.

The Family Court at Jabalpur was directed to send the entire record to the transferee Court immediately. The Family Court at Kota was directed to explore the possibility of settlement between the parties through mediation.

What weighed in the mind of the Court?

The Supreme Court’s decision to transfer the matrimonial cases from Jabalpur to Kota was primarily influenced by the need to ensure convenience for the petitioner, who is the wife. The Court’s order reflects a concern for ensuring that parties in matrimonial disputes have reasonable access to justice, and that the process does not unduly burden either party.

The Court also emphasized the importance of exploring settlement through mediation, which indicates a preference for amicable resolution of matrimonial disputes.

The decision was reached after considering the facts of the case and the circumstances presented by the petitioner. The Court did not delve into complex legal interpretations but rather focused on a practical solution to facilitate the proceedings.

Key Takeaways

• ✓ Matrimonial cases can be transferred by the Supreme Court to a location that is more convenient for either party.
• ✓ The convenience of the parties, especially the wife, is a significant factor in deciding transfer petitions.
• ✓ The Supreme Court encourages settlement through mediation in matrimonial disputes.
• ✓ The Family Court at the original location must immediately send the case records to the new court.

Directions

The Supreme Court directed the following:

• The Family Court at Jabalpur is directed to transmit the entire record to the Family Court at Kota immediately.
• The Family Court at Kota is directed to explore the possibility of settlement between the parties through mediation.

Development of Law

The ratio decidendi of this case is that the Supreme Court has the power to transfer matrimonial cases to ensure the convenience of the parties and to facilitate access to justice. This order reinforces the principle that the convenience of the parties, particularly the wife, is a significant factor in deciding transfer petitions. There is no change in the previous position of law.

Conclusion

In conclusion, the Supreme Court allowed the transfer petitions filed by Monika Kumari, ordering the transfer of matrimonial cases from Jabalpur to Kota. The decision emphasizes the importance of convenience and access to justice in matrimonial disputes and encourages settlement through mediation. The Court’s order ensures that the proceedings are conducted in a location that is more accessible for the wife, while also promoting amicable resolution of the dispute.