A Division Bench of the Supreme Court comprising of Justices Sanjiv Khanna and JK Maheshwari while orally observing that both husband and wife are capable of traveling to different places and having means of earning dismissed a Transfer Petition filed by the wife.

Advocate H.D. Thanvi appearing for the respondent/husband while opposing the Transfer Petition argued that it is not a fit case for transfer since the wife is capable of traveling and she is practicing C.S. She has been traveling frequently and has means of earning on her own. He also submitted before the Court that the petitioner/wife belongs to Jodhpur, Rajasthan and she has her family roots there.

The petitioner/wife was seeking transfer of the Divorce case filed by the husband at Jodhpur to Mumbai, Maharastra. The advocate appearing for the wife argued that there are two cases pending in Mumbai, therefore, this case shall also be transferred to Mumbai but the bench was not with him.

The Court while dismissing the transfer petitioner seeking transfer of the Divorce Case remarked that both the parties are capable of managing things to places and it was not a case fit to be transferred. 

Usually, the Supreme Court has a lenient view for the transfer of the matrimonial cases in favour of the wife but the bench was not of that view in this case.

Case Details:-

T.P.(C) No. 2500/2021

SHALU LAXMANRAJ BHANDARI
Versus
ASHISH CHAUDHARY