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Civil · Reportable judgment

Delma Lubna Coelho vs Edmond Clint Fernandes

Court
Supreme Court of India
Date
18 April 2023
Case No.
Transfer Petition (C) No. 1475 of 2021
Result
Dismissed
Bench
Rajesh Bindal, Aravind Kumar
Citation
[2023] 4 S.C.R. 473 : 2023 INSC 389
Supreme Court Reports [2023] 4 S.C.R. 473 : 2023 INSC 389
Headnote

Transfer Petition – Divorce petition was filed by husband before Family Judge, Mangaluru, Karnataka – Present petition filed by wife, a permanent resident of Canada, presently based at Mumbai, Maharashtra seeking transfer of divorce petition from Mangaluru, Karnataka to Family Court at Bandra, Mumbai, Maharashtra – Held: Petitioner is a permanent resident of Canada – She had shifted there in the year 2014 and was working there on a well-paid job, however, came to India for the matrimonial alliance – As the petitioner is a permanent resident of Canada, she must be travelling abroad regularly – She was in Canada throughout the mediation process and attended the proceedings online – Both the parties are well educated and engaged in their own jobs and professions – Petitioner can travel to Mangaluru to attend the hearing of the case and can also seek exemption from appearance whenever required – No case made out for transfer of the petition from Karnataka to Maharashtra – Constitution of India – Article

142. Matrimonial Cases – Transfer Petitions – Held: Number of transfer petitions are filed in matrimonial cases, primarily by the wives seeking transfer of the matrimonial proceedings initiated by the husband – Normally, Supreme Court has been accepting the prayer made while showing leniency towards ladies – However, this leniency was being misused by women – Hence, each and every case has to be considered on its own merits.

R. Srinivas Kumar v. R. Shametha (2019) 9 SCC 409 : [2019] 12 SCR 873; Munish Kakkar v. Nidhi Kakkar (2020) 14 SCC 657 : [2019] 15 SCR 169 –

distinguished.

Anindita Das v. Srijit Das (2006) 9 SCC 197 – relied on.

Santhini v. Vijaya Venketesh (2018) 1 SCC 1 : [2017]

12 SCR 557 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. The present petition has been filed by the petitioner-wife seeking transfer of M.C. No. 331 of 2021 titled as “Dr. Edmond Clint Fernandes vs. Mrs. Delma Lubna Coelho” pending before the Family Judge at Mangaluru, Karnataka to the Family Court at Bandra, Mumbai, Maharashtra. 2. Learned counsel for the petitioner submitted that the parties met on Facebook in the month of December, 2019 and they got married on 05.12.2020 as per Christian rites and customs at Our Lady of Miracles Church, Mangaluru. 3. It is pleaded that after the
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