Abhilasha Gupta vs Harimohan Gupta
- SCC(2021) 9 SCC 730
- Neutral2021 INSC 546
Ratio decidendi
The rule this decision rests on
Where a transfer petition seeks to move matrimonial proceedings to a different court, the court will refuse transfer where the case is at an advanced stage, notwithstanding the convenience of the parties, unless transfer serves the interests of justice; however, the court may impose conditions on the parties—such as requiring one party to bear the travelling expenses of the other—to facilitate the continued hearing of the case in its original forum.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No. 1027/2021
ABHILASHA GUPTA Petitioner
VERSUS
HARIMOHAN GUPTA Respondent
ORDER
The present petition has been filed by the petitioner-
wife praying inter alia for transfer of a petition for divorce
filed by the respondent-husband under Section 13(1)(ia) of the
Hindu Marriage Act, 1955 bearing H.M. Case No. A-130 of 2019
titled “Harimohan Gupta vs. Abhilasha Gupta”, pending before the
Court of the Additional District and Sessions Judge, Susner,
Madhya Pradesh to the Family Court at Kota, Rajasthan.
Counter affidavit in opposition to the present petition
has been filed by the respondent.
Ms. Ranu Purohit, learned counsel for the respondent-
husband states that the divorce petition filed by the
respondent-husband is at an advance stage. She draws the
attention of this Court to the date-wise tabulated statement Signature Not Verified Digitally signed by Dr. Mukesh Nasa Date: 2021.09.29 17:35:56 IST Reason: enclosed with the counter affidavit, marked as Annexure R-1 and
states that the evidence of the husband has concluded and the
wife has not cited any other witness except for herself. The 2
matter was last listed on 06.08.2021, for recording her
testimony but due to the stay order granted in the present
proceeding on 20.07.2021, the said matter has been adjourned.
Learned counsel further stated that the distance between
present place of residence of the petitioner-wife and the Family
Court at Kota, Rajasthan is less than 200 kilometers and offers
that the respondent-husband is willing to pay the expenses
towards commuting to the petitioner-wife to enable her to appear
before the learned Family Court at Kota, Rajasthan for
expeditious conclusion of her evidence and final arguments.
Learned counsel for the respondent-husband draws the
attention of this Court to the order dated 14.10.2019, passed by
the learned Court of the Additional District and Sessions Judge,
Susren, Madhya Pradesh which recorded the request of the
petitioner-wife to the effect that she may be paid a sum of Rs.
3,000/- (Rupees Three Thousand only) as transportation charges
to appear in the Court alongwith an attendant.
Having regard to the advance stage of the divorce
petition filed by the respondent-husband against the petitioner-
wife at Kota, this Court is not inclined to allow the present
petition. However, it is deemed appropriate to direct the
respondent-husband to pay a sum of Rs. 4,000/- (Rupees Four
Thousand Only) to the petitioner-wife for appearance on each
date of hearing before the Court of Additional District and 3
Sessions Judge, Susren, Madhya Pradesh, towards transportation
charges.
The transfer petition is disposed of with the aforesaid
orders.
Interim order dated 20.07.2021 stands vacated.
…………………….……….J (HIMA KOHLI) New Delhi Date: 24th September, 2021.
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