{"id":126,"date":"2025-05-14T06:34:39","date_gmt":"2025-05-14T06:34:39","guid":{"rendered":"https:\/\/duasnduas.com\/?p=126"},"modified":"2025-07-10T04:49:47","modified_gmt":"2025-07-10T04:49:47","slug":"transfer-petition-supreme-court","status":"publish","type":"post","link":"https:\/\/duasnduas.com\/resources\/transfer-petition-supreme-court\/","title":{"rendered":"Transfer Petition In Supreme Court"},"content":{"rendered":"
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Understanding Transfer Petitions in Supreme Court<\/h2>\n

Hon`ble Supreme Court in\u00a0Vennangot Anuradha Samir vs Vennangot Mohandas Samir<\/strong>\u00a0<\/a>\u00a0passed an out of turn judgment wherein JUSTICE IS SEEN BEING DELIVERED WITH OPEN EYES<\/p>\n

Judgement Overview<\/h3>\n

The petitioner and the respondent entered into matrimony in\u00a0April 2010<\/strong>, adhering to\u00a0Hindu Vedic Rites<\/strong>. At the time of their marriage, the respondent-husband was a bachelor, while the petitioner-wife was a divorcee. Their union blossomed from a love story that began when they first connected in\u00a0October 2006<\/strong>. However, by\u00a02013<\/strong>, misunderstandings arose, leading the petitioner to leave their shared home. Subsequently, in\u00a02015<\/strong>, the respondent-husband filed a suit for divorce under\u00a0Section 13(1)(1a)<\/strong>\u00a0of the\u00a0Hindu Marriage Act<\/strong>, citing the petitioner\u2019s alleged acts of cruelty after marriage. It\u2019s worth noting that the petitioner currently resides in\u00a0Hyderabad<\/strong>\u00a0with her parents. Consequently, she filed an application before the court, seeking the transfer of the divorce case pending before the\u00a0Family Court Bombay<\/strong>\u00a0to the\u00a0Family Court in Hyderabad<\/strong>. The transfer petition was scheduled for hearing on\u00a0August 28, 2015<\/strong>. At the parties\u2019 request, the matter was referred to the\u00a0Supreme Court Mediation Centre<\/strong>, where a\u00a0Settlement Agreement<\/strong>\u00a0was eventually reached on\u00a0October 26, 2015<\/strong>.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Settlement Agreement and Alimony Terms<\/h2>\n

As per the\u00a0Settlement Agreement<\/strong>, the respondent-husband committed to paying\u00a0Rs. 12,50,000\/- (Twelve Lakhs Fifty Thousand)<\/strong>\u00a0as full and final alimony, maintenance, or any other claim to the petitioner. This amount was to be remitted via a bank draft in the name of the\u00a0Registrar, Supreme Court<\/strong>, upon the issuance of the decree of divorce by mutual consent. On\u00a0November 6, 2015<\/strong>, the case was re-listed alongside the office report and the Settlement Agreement. Subsequently, an application was filed under\u00a0Section 13B of the Hindu Marriage Act<\/strong>, seeking to treat the pending divorce petition before the\u00a0Family Court, Bombay<\/strong>\u00a0as an application under the same section. The petitioner-wife, who was grappling with a life-threatening illness, urgently required funds for medical treatment and self-care. On\u00a0November 17, 2015<\/strong>, the case was adjourned at her request to allow her to submit additional documents supporting her health condition. The medical certificate revealed a breast lump with high suspicion of malignancy.\u00a0Doctors recommended immediate surgery and chemotherapy spanning\u00a06 to 8 cycles of adjuvant<\/strong>, with each cycle estimated to cost approximately\u00a0Rs. 50,000\/-<\/strong><\/a>.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Considering the\u00a0admitted facts<\/strong>, it is evident that the petitioner urgently requires funds for\u00a0breast cancer treatment<\/strong>. Consequently, it cannot be dismissed that she agreed to a\u00a0settlement for dissolution of marriage<\/strong>\u00a0in order to secure the necessary financial support. This raises the question:\u00a0Is it justifiable for the court to grant a divorce decree based on a settlement when the wife is battling breast cancer and urgently needs funds for her treatment?<\/strong><\/p>\n

Hindu marriage<\/strong>, a sacred and profound union, transplants the wife into her husband\u2019s household, granting her a new life. It intertwines their existence-bone to bone, flesh to flesh. For a Hindu wife, her husband is akin to a deity, and her life revolves around selfless service and unwavering dedication to him. She shares not only their life and love but also their joys, sorrows, troubles, and tribulations, becoming an integral part of his journey.<\/p>\n

Colebrooke<\/strong>, in his book\u00a0\u201cDigest of Hindu Law Volume II\u201d<\/em>, eloquently describes the wife\u2019s status:\u00a0\u201cA wife is considered as half the body of her husband, equally sharing the fruit of pure and impure acts. Whether she ascends the funeral pyre after him or survives for the benefit of her husband, she remains a faithful wife.\u201d<\/em>\u00a0Additionally, Colebrooke cites the\u00a0Mahabharata<\/strong>, emphasizing:\u00a0\u201cWhere females are honored, there the deities are pleased; but where they are dishonored, all religious acts become fruitless.\u201d<\/em>\u00a0These profound statements underscore the elevated position accorded to Hindu women by\u00a0Shastric law<\/strong>. The study of Hindu Law and various religious texts leaves no room for dispute:\u00a0post-marriage<\/strong>, the husband bears the duty not only to provide food and clothing but also to safeguard his wife from calamities, ensuring her health and safety. In the unique circumstances of this case, the instant settlement\u2014a contract to dissolve the marriage-requires the court\u2019s scrutiny to ascertain its legality and validity under the law\u2019s discerning gaze.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Upon examining the case\u2019s facts and the unfolding events, it appears that the petitioner-wife consented to mutual divorce under the condition that the respondent-husband would pay her\u00a0Rs. 12,50,000\/-<\/strong>\u00a0as a full and final settlement. The petitioner-wife\u2019s medical condition, which compelled her to agree to mutual consent divorce, raises a crucial question:\u00a0Is the consent obtained from her truly free, as required by law for granting a decree of divorce by mutual consent?<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Provision for Divorce by Mutual Consent<\/h3>\n

Section 13-B<\/strong>\u00a0of the\u00a0Hindu Marriage Act<\/strong>\u00a0provides for divorce by mutual consent. Here are the key provisions:<\/p>\n

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  1. Petition for Dissolution<\/strong>: Both parties to a marriage can jointly present a petition for dissolution of marriage by a decree of divorce. This applies whether the marriage occurred before or after the commencement of the\u00a0Marriage Laws (Amendment) Act, 1976<\/strong>. The grounds include living separately for one year or more and mutual agreement to dissolve the marriage.<\/li>\n
  2. Timeframe<\/strong>: The motion for mutual consent divorce can be made no earlier than six months after presenting the initial petition and no later than eighteen months after that date.\u00a0If the petition remains unwithdrawn during this period, the court, after due inquiry, may pass a decree of divorce, effective from the date of the decree<\/a>.<\/li>\n<\/ol>\n

    Section 23<\/strong>\u00a0imposes a duty upon the court to meticulously record its satisfaction before granting a decree in any suit or proceeding. Notably,\u00a0Section 23(1)(bb)<\/strong>\u00a0specifically states:<\/p>\n

    \u201cWhen a divorce is sought on the ground of mutual consent, such consent must not have been obtained by force, fraud, or undue influence.\u201d<\/p>\n

    This provision was extensively discussed by the court in the case of\u00a0Sureshta Devi vs. Om Prakash<\/strong>\u00a0(1991) 2 SCC 25. The court emphasized two critical points:<\/p>\n

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    1. Mutual Consent<\/strong>: For a decree of divorce, there must be genuine mutual consent when the parties approach the court.<\/li>\n
    2. Bona Fides and Consent<\/strong>: The court must satisfy itself about the bona fides and the authenticity of the parties\u2019 consent. If mutual consent is absent during the inquiry, the court lacks jurisdiction to grant a divorce decree.\u00a0Contrarily, if the court were to proceed otherwise, it could potentially issue a divorce decree even against one party\u2019s consent, disregarding the other\u2019s wishes<\/a>1<\/sup><\/a>.<\/li>\n<\/ol>\n

      The assertion that such a decree cannot be regarded as a decree by mutual consent holds weight. Let\u2019s delve into the legal aspects.According to the\u00a0Indian Contract Act<\/strong>, consent is considered free when it is not influenced by \u201cundue influence,\u201d as defined in\u00a0Section 16<\/strong>\u00a0of the Act. \u201cUndue influence\u201d occurs when one party dominates the will of the other due to their existing relationship, thereby gaining an unfair advantage.Another relevant doctrine is the\u00a0\u201cPre-existing duty doctrine.\u201d<\/strong>\u00a0Under this principle, if a party is already bound by a pre-existing duty to perform, any modification of the contract lacks consideration and becomes voidable. In simpler terms, performing an obligation one is already bound to does not constitute valid consideration for a promise.\u00a0Similarly, promising to fulfill an existing duty adds nothing to the obligation already in place<\/a>.Applying this principle to the present case, the respondent-husband has a\u00a0pre-existing duty<\/strong>\u00a0to care for the health and safety of the petitioner-wife. It is incumbent upon him to provide facilities for her treatment. If he diligently fulfills this duty, it aligns with the legal framework and the principles of mutual consent in divorce proceedings.<\/p>\n

      Interim Financial Relief for Medical Expenses<\/h3>\n

      In the\u00a0present case<\/strong>, the respondent-husband\u2019s promise in the settlement agreement-something he is already duty-bound to do-does not constitute valid consideration. Given the unique circumstances, The Hon`ble SC issued the following order:<\/p>\n

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      1. The\u00a0transfer petition<\/strong>\u00a0for moving the matrimonial suit (petition No. A-642 of 2015) pending before the\u00a0Family Court at Bombay, Maharashtra<\/strong>, to the\u00a0Family Court at Hyderabad<\/strong>, is\u00a0allowed<\/strong>. The transferor court shall promptly transmit the case records to the transferee court.<\/li>\n
      2. The respondent-husband shall\u00a0immediately pay Rs. Five Lacs (Rs. 5,00,000\/-)<\/strong>\u00a0out of the total Rs. 12,50,000\/- to the petitioner-wife. This amount is intended for her treatment and other medical expenses.<\/li>\n
      3. Once the petitioner is fully cured from her illness or within\u00a0six months<\/strong>, whichever occurs earlier, the\u00a0Family Court at Hyderabad-<\/strong>where the divorce petition is transferred\u2014shall consider the case along with any fresh application filed by the parties under\u00a0Section 13B<\/strong>\u00a0for divorce by mutual consent. After fulfilling all formalities, the Family Court at Hyderabad will dispose of these petitions in accordance with the law, ensuring a fair hearing for both parties.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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        Understanding Transfer Petitions in Supreme Court Hon`ble Supreme Court in\u00a0Vennangot Anuradha Samir vs Vennangot Mohandas Samir\u00a0\u00a0passed an out of turn judgment wherein JUSTICE IS SEEN BEING DELIVERED WITH OPEN EYES…<\/p>\n","protected":false},"author":1,"featured_media":127,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[135,144,137,138],"tags":[136,146,140,47],"class_list":["post-126","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-best-law-firm-in-delhi","category-best-lawyers-in-delhi","category-best-matrimonial-advocate-in-delhi","category-best-matrimonial-law-firm-in-delhi","tag-best-law-firm-in-delhi","tag-best-lawyers-in-delhi","tag-best-matrimonial-advocate-in-delhi","tag-matrimonial-lawyer-in-delhi"],"_links":{"self":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/comments?post=126"}],"version-history":[{"count":5,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/126\/revisions"}],"predecessor-version":[{"id":641,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/126\/revisions\/641"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/media\/127"}],"wp:attachment":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/media?parent=126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/categories?post=126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/tags?post=126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}