Supreme Court objects to repeated transfer petitions in matrimonial case by woman who changed residence frequently

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163

The Supreme Court recently dismissed a transfer petition filed by a woman in a matrimonial dispute seeking transfer of the matrimonial case from one city to another [Isha Agarwal v. Anuj Agarwal]

Division Bench of Justices Prashant Kumar Mishra and KV Viswanathan noted that the woman was relocating frequently and it was unfair to allow transfer petitions each time she changed her residence.

The Bench questioned the fairness of seeking such transfer of the case and emphasized the need to balance the rights of all parties involved in the case.

"How can this be possible that you keep on shifting places and then come again and again and seek transfer at your ease. How is it balancing other party's right?" the Court remarked.

On March 23, the Supreme Court had allowed the transfer of matrimonial proceedings from Family Court in Rajasthan's Jaipur to Family Court in Haryana's Gurugram.

The woman then moved the present plea seeking transfer of the case from Gurugram to Family Court in Bihar's Katihar.

When the plea came up, the Court said that it remembers allowing the earlier plea.

"This case has again come up. We remember and even the records said that we had earlier granted transfer to the wife."

When counsel for the petitioner informed the Court that the petitioner had moved to Katihar, the Court questioned the fairness of the petition and eventually, dismissed the plea.

However, on a request by the petitioner, the Court referred the matter for mediation to the Supreme Court Mediation Centre.