If in a divorce case, the case is filed by the petitioner in a place where it is not possible for the defendant to attend the proceedings, he has the option to file for the transfer of the case to the place convenient to him. For example, if the husband is doing his job in Chennai and his wife files for the divorce in Delhi, he should contact a Divorce Lawyer In Chennai or a Divorce Lawyer In Delhi, and after consulting with his lawyer can file for the transfer of case in the Supreme Court of India, other options include the participation of the proceedings through videoconferencing.
The Supreme Court has the jurisdiction to transfer a case pending before a High Court or any other court in one state to a High Court or the other jurisdictional court of another state. Civil matrimonial disputes related to petitions are filed under Section 25 of the Code of Civil Procedure, while criminal disputes are transferred by the Court under Section 406 of the CrPC.
Matrimonial disputes include issues like restitution of conjugal rights, divorce, maintenance, custody of the child, domestic violence, cases filed under Sec 498A of the IPC, etc. It is seen that most of the time cases are filed by the parties at the the places of their convenience and sometimes to harass the parties at the place where it is not convenient for them.
Transfer of matrimonial case:
In the case of Subramaniam Swamy v Radhakrishna Hegde (1990), The Supreme Court decided that the intention behind the transfer of case under Section 25 of the Code of Civil Procedure, is the requirement of Justice. The mere convenience of parties is not ground enough for the Section to be applied, it should also be shown that if the case is not transferred it would result in denial of justice. The Court also held that the right of plaintiff to choose the forum as per his/ her convenience can’t be greater than the requirement of justice.
In the judgment given by the Supreme Court in the case of Krishna Veni Nagam v. Harish Nagam (2017), it was directed that in cases related to matrimonial or custody matters or in any proceeding between the parties to a marriage, if the parties reside outside the jurisdiction of the court, the court may examine whether continuing the proceedings in the same court and summoning the defendant/ respondent in that Court would not result in the denial of justice.
For this Court can incorporate the following safeguards-
Videoconferencing
Provide legal aid service
To ensure the cost of traveling, lodging and boardings are provided under Section 25 of CPC.
E-mail address/phone number of the party, with which the litigant outstation can communicate.
Some of the few instances where the Supreme Court does allow for a transfer of case are-
The Court may in a few cases find it expedient to the ends of justice to transfer the case, if the wife does not have any male member to accompany her for the matrimonial proceedings in another state.
Now, in many cases it is seen that instead of transferring the case, the husband is asked to pay for the travel allowance as well as lodging and boarding for the wife as well as the person accompanying her for hearing in a different place.
In many cases, where the petition of the wife for the transfer of case is almost mechanically accepted, the spirit behind it is to ensure that justice is not denied to them just because they are unable to attend the proceeding due to financial difficulty or physical hardship.
In the case of Mona Aresh Goel v. Aresh Satya Goel (2009), the transfer petition of the wife was accepted, as she averred that she lived with her parents in Delhi and has no independent income, she is only 22 years old and it is not possible for her to come to bombay alone has no one with whom she could stay.
If the facility of videoconferencing is available in the family Court, the Supreme Court hesitates in transferring the case
The party must ensure the Supreme Court, that there would be suppression of justice in case the transfer of case is not allowed.
The same principle is applied by the Court in other cases such as maintenance cases, domestic violence cases, custody cases, etc. If it is not possible to attend the proceedings of a custody case as the party can’t come to a distant place or it's not convenient for the child to travel such distance, in such case the Child Custody Lawyer In Delhi could file for a transfer of case or the court could opt for the videoconferencing or any other such decision which would ensure that justice is served.
Lead India provides a wide pool of experienced lawyers, who deal with issues such as maintenance, domestic violence, custody cases, etc. Proper legal assistance, as well as guidance, could be provided to ensure that the case of the parties is properly represented in the court of law.
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