Supreme Court expressed concern over a woman’s repeated petitions for transfer in an ongoing matrimonial dispute, noting the potential abuse of legal provisions. A Supreme Court Division Bench, comprising Justices Prashant Kumar Mishra and KV Viswanathan, raised concerns over a woman’s repeated transfer petitions in a matrimonial case due to her frequent changes of residence.
New Delhi: The Supreme Court dismissed a transfer petition filed by a woman in a matrimonial dispute. The petition sought to transfer the case from one city to another, citing her frequent relocation. In its ruling, a Division Bench of Justices Prashant Kumar Mishra and KV Viswanathan highlighted the need to maintain fairness and balance the rights of all parties involved in the case.
The Bench observed that allowing transfer petitions each time the woman changed her residence would be unfair. The Court emphasized the importance of ensuring a fair judicial process, where the interests of all parties are given due consideration.
During the hearing, the bench observed that the woman’s actions appear to be a deliberate attempt to manipulate the legal system.
By dismissing the transfer petition, the Supreme Court upheld the principle of maintaining the stability and continuity of the proceedings, even in the face of the petitioner’s changing circumstances.
This decision highlights the Court’s commitment to upholding the principles of justice and equity in matrimonial disputes, where the rights and needs of both parties must be carefully weighed and balanced.
The Court remarked,
“How can it be possible that you continuously shift locations and repeatedly seek transfers at your convenience? How does this balance the rights of the other party?”
On March 23, the Supreme Court permitted the transfer of matrimonial proceedings from the Family Court in Jaipur, Rajasthan to the Family Court in Gurugram, Haryana.
Subsequently, the woman filed a new petition requesting the transfer of the case from Gurugram to the Family Court in Katihar, Bihar.
When this petition presented, the Court noted its recollection of the previous order.
The Court stated,
“This case has come up again. We recall, and the records confirm, that we had previously granted the wife’s request for a transfer,”
When the petitioner’s counsel informed the Court that the petitioner had relocated to Katihar, the Court questioned the fairness of the request and ultimately dismissed the plea.
Nevertheless, upon the petitioner’s request, the Court referred the matter to the Supreme Court Mediation Centre for mediation.
The Supreme Court‘s intervention in this matter reaffirms its commitment to upholding the principles of justice and fairness in matrimonial disputes.
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