Whether one high court can transfer divorce proceeding from one state to another?

 Section 25 of Code of Civil Procedure clearly envisages that the power relating to the inter-State transfer and transfer of cases from one High Court to another High Court or its subordinate Courts is vested solely on this Court and not on the High Courts. Thus, in view of the statutory provisions, the High Court of Bombay does not have the jurisdiction to entertain a petition seeking transfer of divorce proceedings from a subordinate Court of Madras High Court. For the aforesaid reasons, we allow this appeal and set aside the impugned order passed by the Bombay High Court. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3702 of 2017 (Arising out of SLP (C) No. 2380 of 2016)

Decided On: 27.02.2017

 P. Ayyanar Pothi Vs. Supriya Ayyanar Pothi

Hon'ble Judges/Coram:

N.V. Ramana and Prafulla C. Pant, JJ.

Citation: AIR 2017 SC 2695

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When in divorce proceeding husband can not be permitted to take advantage of his own wrong?

In the instant case, however, the facts are entirely different. The appellant cannot be permitted to take advantage of his own wrong. It may be noticed that Section 23(1)(a) of the 'Act' provides that in any proceedings under the 'Act', decree can only be granted by the Court, if the ground for granting relief exists and if it is satisfied that the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief; and not otherwise. In the instant case, as noticed earlier, since the appellant himself is to be blamed for his wife/ respondent living separately, and since the ground of 'desertion' on her part has not been established; he is not entitled to a decree for divorce, as prayed by him.
Madhya Pradesh High Court

Shrikant Ramsajiwan Tripathi vs Saroj on 8 April, 2000

Bench: V Agarwal

Citation:AIR2001MP94,II(2001)DMC295,ILR[2001]MP12022, 2000(3)MPLJ404

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