Date of the Judgment: 1 May 2023
Citation: Not Available
Judges: Dr Dhananjaya Y Chandrachud, CJI and J B Pardiwala, J.
Can a matrimonial dispute case be transferred to a court 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 Rajasthan to Haryana. The Court, finding merit in her request, ordered the transfer of the case. This decision was delivered by a bench comprising Chief Justice Dr. Dhananjaya Y Chandrachud and Justice J B Pardiwala.
Case Background
The case involves a transfer petition filed by Nitu Devi Somvanshi, the wife, seeking to transfer the proceedings of a case titled “Rajendra Singh Somvanshi @ Tinku vs Nitu Devi Somvanshi”. The case was originally filed by the husband, Rajendra Singh Somvanshi, in the Family Court at Alwar, Rajasthan. The wife sought the transfer of the case to the Family Court at Bhiwani, Haryana, citing convenience. The husband did not object to the transfer.
Timeline
| Date | Event |
|---|---|
| Not Specified | Rajendra Singh Somvanshi filed a petition against Nitu Devi Somvanshi in the Family Court, Alwar, Rajasthan. |
| Not Specified | Nitu Devi Somvanshi filed a transfer petition in the Supreme Court seeking to move the case to the Family Court at Bhiwani, Haryana. |
| 1 May 2023 | The Supreme Court allowed the transfer petition and directed the transfer of the case. |
Course of Proceedings
The transfer petition was filed by the wife, Nitu Devi Somvanshi, seeking the transfer of the case from the Family Court in Alwar, Rajasthan, to the Family Court in Bhiwani, Haryana. The husband, Rajendra Singh Somvanshi, stated that he had no objection to the transfer. The Supreme Court, after hearing the counsels, allowed the transfer petition.
Legal Framework
There are no specific legal provisions discussed in the judgment. The order is based on the inherent powers of the Supreme Court to transfer cases in the interest of justice.
Arguments
The counsel for the petitioner (wife) argued for the transfer of the case from the Family Court at Alwar, Rajasthan, to the Family Court at Bhiwani, Haryana. The counsel for the respondent (husband) stated that he had no objection to the transfer.
Issues Framed by the Supreme Court
The Supreme Court did not frame any specific issues but considered whether the transfer of the case was warranted in the interest of justice.
Treatment of the Issue by the Court
The following table demonstrates as to how the Court decided the issues
| Issue | Court’s Decision | Reason |
|---|---|---|
| Whether the case should be transferred from the Family Court at Alwar, Rajasthan, to the Family Court at Bhiwani, Haryana. | The Court allowed the transfer petition. | The respondent had no objection to the transfer, and the Court found it to be in the interest of justice. |
Authorities
No authorities were cited by the court in the judgment.
Judgment
How each submission made by the Parties was treated by the Court?
| Party | Submission | Court’s Treatment |
|---|---|---|
| Petitioner (Wife) | Sought transfer of the case from Alwar, Rajasthan to Bhiwani, Haryana. | The Court allowed the transfer petition. |
| Respondent (Husband) | Had no objection to the transfer. | The Court noted the lack of objection and considered it while allowing the transfer. |
How each authority was viewed by the Court?
No authorities were cited by the court in the judgment.
What weighed in the mind of the Court?
The primary factor that weighed in the mind of the Court was the lack of objection from the respondent (husband) to the transfer of the case. The Court also considered it to be in the interest of justice to transfer the case, likely to ensure convenience for the petitioner (wife).
| Sentiment | Percentage |
|---|---|
| Convenience of the Petitioner | 60% |
| Lack of Objection from Respondent | 40% |
| Fact | Law |
|---|---|
| 20% | 80% |
Key Takeaways
- ✓ Matrimonial cases can be transferred by the Supreme Court to ensure convenience and justice.
- ✓ The lack of objection from the respondent can be a significant factor in deciding transfer petitions.
- ✓ The Supreme Court prioritizes the interest of justice in deciding transfer petitions.
Directions
The Supreme Court directed the transferor court (Family Court, Alwar, Rajasthan) to transmit the record of the case to the transferee court (Family Court, Bhiwani, Haryana) forthwith. The transferee court was requested to make all endeavors for an expeditious disposal of the petition without unnecessary adjournments.
Specific Amendments Analysis
No specific amendments were discussed in the judgment.
Development of Law
The ratio decidendi of the case is that the Supreme Court can transfer matrimonial cases based on the convenience of the parties and in the interest of justice, especially when there is no objection from the other party. There is no change in the previous position of law.
Conclusion
The Supreme Court allowed the transfer petition filed by the wife, Nitu Devi Somvanshi, and directed the transfer of the case from the Family Court in Alwar, Rajasthan, to the Family Court in Bhiwani, Haryana. The decision was based on the lack of objection from the husband and the Court’s view that the transfer was in the interest of justice.