Justice Sanjiv Khanna and Justice M.M. Sundharesh at the Supreme Court dismissed the Transfer Petition filed by the petitioner/wife, whereby she had sought transfer of the Divorce Petition which was filed by the husband before the Judge, Family Court, Nagpur. The petitioner/wife Dr. Keerti had moved before the Hon’ble Supreme Court, soliciting transfer of the Divorce Petition filed against her by her husband Dr. Pratik and had prayed that the Divorce Petition pending in the Family Court, Nagpur be transferred to Family Court, Kalaburagi (Karnataka).
The petitioner/wife had contended that after the rift in the marriage, she was compelled to resort back to her parental house at Kalaburagi, where had proceeded to file proceedings under 498-A of the I.P. Code and also proceedings under the Domestic Violence Act against her husband and her in-laws. In the intervening period, the husband had proceeded to file a Divorce Petition at Family Court, Nagpur against Dr.Keerti. As such the petitioner/wife had contended that she was a destitute female and was unemployed and facing financial crunch coupled with the fact that there was risk to her safety at the hands of her husband and his family.
Refuting the said allegations on behalf of the husband, it was contended that the wife was highly educated and a doctor by profession and so was the husband also a doctor by profession. It was contended on behalf of the husband that it was rather impossible for him to leave his patients at the mercy of all mighty and proceeded to attend the Court at Kalaburagi. So also it was pointed out that the petitioner/wife has grave nexus with politicians and the husband and his parents had already been subjected to grave threats and humiliation at the hands of the petitioner/wife and her gunda elements when the husband had along with his parents visited Kalaburagi.
Appreciating the arguments advanced the Court proceeded to dismiss the contentions of the petitioner/wife by refusing to transfer the Divorce Petition of the husband from Family Court, Nagpur to Family Court, Kalaburagi. The respondent/husband was represented by Advocate Surabhi Godbole Naidu alognwith Subham Bhalla (A.O.R.). The petitioner/wife was represented by Ketan Paul (A.O.R.).
