A transfer petition filed by Sau Deepti (petitioner) concerning her marital dispute with Srinivasa (respondent) has been granted by the Supreme Court of India. The court has ordered the transfer of legal proceedings related to their marriage to the Court of the Principal Family Judge in Vijayawada, Andhra Pradesh. 

This decision follows a hearing held on February 16, 2024, presided over by the bench of Justices Dipankar Datta and Augustine George Masih. Sau Deepti's petition, which highlighted the geographical inconvenience posed by the ongoing proceedings in Nagpur, Maharashtra, considering her current residence in Vijayawada, was considered by the court. 

It was further stated that despite receiving notices, Srinivasa, the respondent, failed to make an appearance in court, leading to the court accepting Sau Deepti's statements as uncontested. 

In the official court order, the bench highlighted "Since the respondent has not controverted the statements/averments made in the petitions, the same are deemed to have been admitted by him by applying the doctrine of non-traverse."

The court expressed satisfaction with the decision to transfer the proceedings, acknowledging the necessity to alleviate the inconvenience faced by Srinivasa due to the geographical distance between the two cities. 

The marital discord between Sau Deepti and Srinivasa, whose union was solemnized on April 23, 2006, has triggered legal actions initiated by Srinivasa under the Hindu Marriage Act, 1955, and the Guardians and Wards Act, 1890. The transfer order consolidates these legal proceedings under the jurisdiction of the Vijayawada court.

Additionally, the court directed the presiding officer of the transferee court to explore the possibility of mediation between the parties. Emphasizing the importance of this step, the justices stated, "The presiding officer of the transferee court shall endeavor to bring about a settlement between the parties through the process of mediation." 

In recognition of practical constraints, the court granted Srinivasa the option to attend proceedings virtually if unable to appear in person, ensuring his active participation in the legal process.

Case: Sau Deepthi vs. Srinivasa,

TRANSFER PETITION (C) NO.125 OF 2023.

Click to read/download order.