The Supreme Court dismissed a transfer petition filed by a wife seeking the relocation of her husband's application for the restitution of conjugal rights. The husband had initiated proceedings under Section 9 of the Hindu Marriage Act, 1955, a provision that addresses the right to matrimonial cohabitation.

Justices Bela M. Trivedi and Pankaj Mithal presided over the case and noted a crucial aspect during the proceedings – the petitioner, in this instance, was described as an educated lady employed as a journalist. Based on this observation, the Court concluded that there were no substantial grounds to justify the transfer of the case.

The Court, in its findings, highlighted the petitioner's educational and professional background, stating, "Having regard to the fact that the petitioner is an educated lady working as a journalist, we do not find any good ground to transfer the case, as prayed for."

The essence of the dismissal centered around the Court's opinion that the wife, being an educated professional, could effectively participate in the legal proceedings, obviating the need for a transfer. 

During the hearing, it was revealed that the wife had sought the transfer of the case from the Court of 4th Joint Civil Judge Senior Division and Addl. C.J.M., Thane to the Karkardooma Court in Delhi. The Court, however, found no compelling reason to accede to this request.

Furthermore, the Supreme Court provided the wife with the option to appear virtually for the proceedings, emphasizing, "it is needless to say that the petitioner may appear virtually if permitted by the concerned Court." 

Case: Brijal Mehul Shah v. Mehul Kumudbhai Shah,

TRANSFER PETITION (CIVIL) NO.2949 OF 2022.

Click to read/download order.