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.
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