Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Matrimonial Cases Transfer Petitions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Transferred Case |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
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. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 389 |
Petitioner | Delma Lubna Coelho |
Respondent | Edmond Clint Fernandes |
SCR | [2023] 4 S.C.R. 473 |
Judgement Date | 2023-04-18 |
Case Number | 1475 |
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