Ruchika Swain vs Sandeep Kumar Mallick
- Neutral2021 INSC 611
Ratio decidendi
The rule this decision rests on
When an application seeks transfer of matrimonial proceedings on grounds of inconvenience to the parties, the court may decline transfer and permit the proceedings to continue in the original forum where to do so would best serve the interests of justice, subject to the imposition of conditions designed to mitigate the hardship caused by inconvenience of distance, such as orders requiring one party to bear the other's expenses of travel, board and lodging necessitated by attendance at the 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 (CIVIL) NO.833 OF 2020
RUCHIKA SWAIN Petitioner
VERSUS
SANDEEP KUMAR MALLICK 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 Senior Civil Judge, Vizianagaram, Andhra
Pradesh to the Family Court, Cuttack, Odisha.
Heard learned counsel for the parties and perused the record.
This Court is of the opinion that the interest of justice
would be best subserved if the proceedings are allowed to continue
in the Court at Vizianagaram, Andhra Pradesh, subject to the
condition that the respondent-husband would pay to the petitioner-
wife a sum of Rs.10000/- (Rupees Ten Thousand Only) for her
expenses on account of travel, boarding and lodging on the date(s)
of hearing or as and when her presence may be required by the Court
concerned. It is clarified that such amount shall be made over by
the respondent to the petitioner on every date when she attends the Signature Not Verified
Court at Vizianagaram.
Digitally signed by Dr. Mukesh Nasa Date: 2021.10.08 09:04:41 IST Reason: 2
Having regard to overall circumstances of the case, this Court
is of the opinion that the Court at Vizianagaram should decide
H.M.O.P. No.106/2019 on merits as expeditiously as possible and in
any case within a year from today.
The Transfer Petition is disposed of in aforesaid terms.
........................J. [S. RAVINDRA BHAT]
NEW DELHI;
OCTOBER 04, 2021
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