To Avoid Contradictory Judgements, Divorce and Restitution Case to Be Decided by the Same Judge
- It is general practice that one spouse files a divorce petition before a different court and one spouse files a restitution of conjugal rights petition before a different court.
- The Hon’ble Supreme Court of India in the matter of NCV Aishwarya V/s AS Saravana Karthik observed that when there are two or more cases between the same parties and all the litigations raise same question of facts/law and the decisions in the pending matters are interdependent, are pending in different courts, then there is a possibility of contradictory orders passed by different judges. It is therefore in the interest of justice, equity, and good conscience, that to avoid multiplicity of trials & contradictory orders, all the pending cases must be tried by the same judge.
- Usually the aggrieved spouse files a transfer petition before the principle judge of a district, if the case is to be transferred in from one court to another court in the same district or before the Hon’ble High Court for transfer of petition, if the case has to be transferred from one district to another district in the same state or before the Hon’ble Supreme Court if the case is to be transferred from court in one state to the court of another state.
- It is common practice for the higher courts to transfer petitions to the place where the wife resides, however under exceptional circumstances, cases are transferred to the place where the husband resides. In rare cases the cases are transferred to a third district for a free and fair trial.
This article is researched and authored by Advocate Aarun Chanda, practicing at Mumbai & Pune
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