Landmark Judgment: Divorce Case Transfer Petition in Favour of Husband

In a significant ruling, the Hon’ble Supreme Court of India recently dismissed T P (C) No. 1475 of 2021, deciding the divorce case transfer petition in favour of husband (Edmond Clint Fernandes). The case involved a transfer petition filed under section 25 of the Code of Civil Procedure (CPC) by Delma Lubna Coelho, seeking the transfer of M.C. No. 331 of 2021 from Mangaluru, Karnataka, to Bandra, Mumbai, Maharashtra. The judgment delved into various aspects of the marital dispute and highlighted the court’s approach in deciding such transfer petitions.


The petitioner-wife and respondent-husband met on Facebook in December 2019 and got married on 5th December 2020 following Christian rites and customs at Our Lady of Miracles Church in Mangaluru. However, the marriage soon encountered turbulence, with the wife alleging ill-treatment, insults, and humiliation by the husband and his family. Consequently, she was sent to Mumbai on 15th January 2021, where the relationship between the parties deteriorated further, ultimately leading to divorce proceedings.


The wife sought the transfer of the divorce case from Mangaluru to Mumbai, stating that she currently resided in Mumbai with her parents, and traveling to Mangaluru for court hearings would be impractical, jeopardizing her job. She further argued that she had no support system in Mangaluru and faced language barriers. On the other hand, the husband contended that the wife was well aware of his family background and had visited Mangaluru several times. He alleged that the wife misbehaved with his parents and wanted to live a luxurious life.

Court's Decision

Image of two courts, one in husband's city and one in wife's city. Text overlay says "case transfer denied". Divorce Case Transfer Petition in Favour of Husband.

After careful consideration, the Supreme Court decided the divorce case transfer petition in favour of husband. The court highlighted that both parties were well-educated and financially stable, making it feasible for the wife to travel to Mangaluru for hearings. Additionally, since there was no child born out of wedlock, no custody-related issues were at stake. The court opined that leniency in transfer petitions should be granted judiciously, and in this case, the wife’s contention for transfer lacked merit.

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