However, the catch is when the wife’s parental residence is different from that of her matrimonial home. In most cases, and especially under criminal proceedings, a woman is allowed to file the case from the present place of her residence (her parents home where she would have moved back post separation).
- Couple got married in Jalandhar, Punjab in October 2013
- The two have no children
- In early 2017, husband learned about his wife’s illicit relationship with other man
- On confronting his wife, she did not deny the same and both mutually agreed to end marriage
- Husband filed the divorce petition at Pathankot, Punjab in 2017
- However, his wife filed a Transfer Petition in Supreme Court to transfer the case from Pathankot to Alwar, Rajasthan where she moved after separation
- She also stayed the proceedings of the divorce case till the final order of Hon’ble Supreme Court
- Her petition was contested today citing the case law of “Anindita Das versus Srijit Das” (2006) 9 SCC 197, and relying upon the same, averments were made while agreeing to pay travel costs via indian railways for the wife
- Hon’ble Supreme Court dismissed the transfer case and vacated the stay on divorce proceedings
GROUNDS OF RELIEF WITH LEGAL PROVISIONS
Many people along with lawyers told me that you cannot win a Transfer Petition filed by wife in Supreme Court. Proved everyone wrong today. Won T.P(C) on behalf of husband while wife’s petition got dismissed by Hon. Supreme Court
Section 19 of the Hindu Marriage Act, 1955 (HMA) :
19. Court to which petition shall be presented:
Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
In most cases, there is an advantage given to the wife to allow her the choice of jurisdiction where she stays after separation. There have been several cases when ideal or non working wives choose to randomly file cases from different cities to harass working husbands and make them travel endlessly for years to attend hearings.