JURISDICTION OF THE SUPREME TO TRANSFER DIVORCE CASES FROM ONE STATE TO ANOTHER.pptx

This ppt deals with the jurisdiction of the Hon'ble Supreme Court to transfer divorce cases from one state to another. It details the grounds on which the Supreme Court can allow such transfer petitions and also discusses case laws on various related issues.

1. JURISDICTION OF THE SUPREME COURT TO TRANSFER DIVORCE CASES FROM ONE STATE TO ANOTHER BY SHUBHAM JAIN ADVOCATE ON RECORD, SUPREME COURT OF INDIA MANAGING PARTNER, UTKRISHTHA LAW OFFICES, NEW DELHI Email:- [email protected] Mob:-[phone]

2. INTRODUCTION The Supreme Court of India has three types of Jurisdiction namely Advisory, Appellate, and Original jurisdiction. One important aspect of the Supreme Court's Original Jurisdiction is its power under Section 25 of the Code of Civil Procedure, 1908 to transfer civil cases which includes divorce cases , from a court in one state to a court in another state.

3. STATUTORY PROVISIONS 25. Power of Supreme Court to transfer suits, etc. - On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State. Every application under this section shall be made by a motion which shall be supported by an affidavit. The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it. Section 25 of CPC, 1908

4. (4) In dismissing any application under this section, the Supreme Court may, if it is of the opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case. (5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding. Section 25 of CPC, 1908

5. Under Section 24 of CPC, 1908, Hon’ble Supreme Court has discretionary power to transfer divorce cases from one state to another. In order to secure “ends of justice”, Hon’ble Supreme Court may transfer divorce cases from one state to another. “Ends of Justice” is a very broad term and therefore, the Transfer Petition Several Transfer Petitions are filed before the Hon’ble Supreme Court every year wherein the wife seeks a transfer of divorce case filed by the husband from one state to another.

6. GROUNDS FOR TRANSFER Serious illness or medical issues of a Party. Custody of children below a particular age. Maintenance of old parents is solely dependent on a party. Cases already pending between the same parties in the state in which transfer is sought Note:- These are not exhaustive grounds and Hon’ble Supreme Court depending upon the facts of the case may transfer a divorce case from one state to another.

7. "The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.”   NCV Aishwarya vs AS Saravana Karthik Sha, Civil Appeal No.4894 of 2022

8. In this case, Hon’ble Supreme Court allowed the transfer of the divorce case filed in Ghaziabad by the Husband to Patna as two other cases between the parties were already pending in Patna. Vimi Mathur vs. Vikas Mathur (2004) 13 SCC 435

9. In this matter, Hon’ble Supreme Court found it proper to transfer the divorce proceedings from Mumbai to Delhi as the wife had no independent income and was staying with her parents who resided in Delhi. Further, Hon’ble Supreme Court also considered the fact that the Petitioner was just a 22-year-old woman who could not have travelled and stayed alone in Mumbai during the proceedings. Mona Aresh Goel v Aresh Satya Goel (2000) 9 SCC 255

10. In this matter, Hon’ble Supreme Court was faced with various legal questions and held as follows:- 1. In case parties to the Petition reach to a settlement, Hon’ble Supreme Court can exercise its power under Article 142(1) of the constitution of India and grant a decree of divorce by mutual consent dispensing with the period and the procedure prescribed under Section 13-B of the Hindu Marriage Act, and also quash and dispose of other/connected proceedings under the Protection of Women from Domestic Violence Act, 20059, Section 125 of the Code of Criminal Procedure, 197310, or criminal prosecution primarily under Section 498-A and other provisions of the Indian Penal Code, 1860. 2. Section 13-B of the Hindu Marriage Act does not impose any fetters on the powers of this Court to grant a decree of divorce by mutual consent on a joint application, when the substantive conditions of the Section are fulfilled and the Court, after referring to the factors mentioned above, is convinced and of the opinion that the decree of divorce should be granted . SHILPA SAILESH VS. VARUN SREENIVASAN, TRANSFER PETITION (CIVIL) NO. 1118 OF 2014

11. In this matter, wife sought transfer of divorce proceedings from Family Court, Indore, Madhya Pradesh to the Family Court, Jalandhar, Punjab. After hearing the matter, Hon’ble Supreme Court was pleased to allow the transfer Petition filed by the wife and transferred the divorce proceedings from Family Court, Indore, Madhya Pradesh to the Family Court, Jalandhar. Important to note herein that Hon’ble Supreme Court permitted the husband to attend the proceedings virtually, unless his physical presence is inevitable and required by the Trial Court. BALWINDER KAUR VS. SUNDER SINGH CHAWLA , TRANSFER PETITION(C) NO.627 OF 2024

12. In this matter, husband challenged the order passed by Hon’ble High Court of High Court of Judicature for Rajasthan at Jodhpur, whereunder the transfer petition filed by the respondent-wife seeking transfer of the divorce from Jaipur to Jodhpur was allowed by the Hon’ble High Court. The Hon’ble Supreme Court upheld the order passed by Hon’ble High Court of Judicature for Rajasthan at Jodhpur. However, liberty was granted to the husband to move an appropriate application before the Family Court at Jodhpur to participate in the proceedings virtually. Further, Hon’ble Supreme Court further mentioned in its order that if such an Application is filed by the husband, the Family Court may grant such permission and direct the personal presence of the petitioner-husband only when it is absolutely necessary. . MADHUR GUPTA VS. NEHA, SPECIAL LEAVE PETITION (CIVIL) DIARY NO. 10101/2024

13. CONCLUSION There are many divorce cases wherein parties to the cases desire their cases to be transferred from the Court of one State to the Court of competent jurisdiction in another State. In that case, only Supreme Court has the original jurisdiction to transfer those divorce cases under Section 25 of the Civil Procedure Code, 1908. Depending upon the facts and circumstances of the case, Hon’ble Supreme Court may transfer the divorce case filed by the other party from one state to another. In the event, during the pendency of transfer petition, parties settle their matter amongst themselves either in Mediation or otherwise, they can file a joint application for seeking divorce and depending upon the facts and circumstances of the case, Hon’ble Supreme Court can grant divorce without there being any need to exhaust the cooling period and can also quash the cases filed by the parties in exercise of its power under Article 142 of the Indian Constitution.

14. THANK YOU!