Transfer of Divorce Petition in Supreme Court.

 

Sec.25. Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice  to  the

parties, and after hearing such of  them  as  desire  to  be

heard, the Supreme Court may, at  any  stage,  if  satisfied

that an order under this section is expedient for  the  ends

of justice, direct that any suit, appeal or other proceeding

be transferred from a High Court or other Civil Court in one

State to a High Court or other  Civil  Court  in  any  other

State.

(2) Every application under this section shall be made by  a

motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding

is transferred shall, subject to any special  directions  in

the order of transfer, either retry it or proceed  from  the

stage at which it was transferred to it.

(4) In dismissing any application under  this  section,  the

Supreme Court may, if it is of opinion that the  application

was frivolous or vexatious, order the applicant  to  pay  by

way of compensation  to  any  person  who  has  opposed  the

application such sum, not exceeding two thousand rupees,  as

it considers appropriate in the circumstances of the case.

(5)  The  law  applicable  to  any  suit,  appeal  or  other

proceeding transferred under this section shall be  the  law

which  the  Court  in  which  the  suit,  appeal  or   other

proceeding was originally instituted ought to  have  applied

to such suit, appeal or proceeding.


 

In the recent judgments the Hon’ble Supreme Court held in the matter of :

Krishna Veni Nagam Vs Harish

“We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.”

We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

  1. i) Availability of video conferencing facility.
  2. ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

  1. iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

 

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