Pooja Hemani @ Namrata Hemdev vs Manish Hemdev
- SCC(2021) 9 SCC 320
- Neutral2021 INSC 612
Ratio decidendi
The rule this decision rests on
Where a transfer of a matrimonial proceeding between courts in different states is sought, transfer is not warranted merely on the ground of inconvenience to one party, but the court may issue directions for the conduct of proceedings—including provision for video conference participation and flexible scheduling—to serve the larger interests of justice without displacing the original jurisdiction.
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 (CIVIL) NO.924 OF 2021
POOJA HEMANI @ NAMRATA HEMDEV Petitioner
VERSUS
MANISH HEMDEV Respondent
O R D E R
This transfer petition has been filed by the petitioner-wife
seeking transfer of divorce petition filed by the respondent-
husband in the Court of 5th Additional Principal Judge, Family
Court, Chennai, Tamil Nadu to the Court of Principal Judge, Family
Court, Varanasi, Uttar Pradesh.
Having heard the learned counsel for the parties and
considered the pleadings, this Court is of the opinion that case
for transfer is not warranted but in the larger interest of
justice, orders for the conduct of the proceedings are warranted.
Accordingly, following directions are issued:
a. Upon agreement of the parties, the Family Court at
Chennai, shall in the event of availability of
Video/Electronic infrastructure, conduct the Signature Not Verified proceedings online for the effective participation Digitally signed by Dr. Mukesh Nasa Date: 2021.10.08
of both the parties.
09:04:41 IST Reason:
2
b. In the event, the petitioner’s presence is
necessary, the Court shall fix such successive/
consecutive date(s) as may be convenient to the
petitioner.
The Family Court at Chennai shall decide the case as
expeditiously as possible.
The Registry is directed to send a copy of this Order to the
Court at Chennai for compliance.
This transfer petition is disposed of in the aforesaid terms.
..........................J. [S. RAVINDRA BHAT]
NEW DELHI;
OCTOBER 04, 2021
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