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Pooja Hemani @ Namrata Hemdev vs Manish Hemdev

Supreme Court4 October 2021S. Ravindra Bhat

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

1

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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