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TaxTMI 
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2017 (3) TMI 1900
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....led application for restitution of conjugal rights which was later on got dismissed as withdrawn. Thereafter, a divorce petition has been filed at Jabalpur while the Petitioner has filed a domestic violence case at Hyderabad. Since the Petitioner-wife, along with her minor daughter, is living with her parents, she cannot undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child. She also apprehends threat to her security in attending proceedings at Jabalpur. 4. On 7th January, 2015, notice was issued and stay of proceedings was granted. The matter has been pending in this Court for more than two years. 5. On 9th January, 2017 when the matter came-up for hearing, the following order was passed: "This petition is filed Under Section 25 of the Code of Civil Procedure seeking transfer of proceedings initiated by the Respondent Under Section 13 of the Hindu Marriage Act at Jabalpur. According to the Petitioner, who is the wife of the Respondent, she will face acute hardship in contesting the proceedings at Jabalpur as she is living at Hyderabad. The marriage took place at Hyderabad. The Petitioner has to look after her minor daughter who is living ....
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....ture are being filed in this Court and are being mechanically allowed. Similar observation was made by this Court more than 10 years ago in Anindita Das v. Srijit Das (2006) 9 SCC 197 "...On an average at least 10 to 15 transfer petitions are on board of each court on each admission day." It has also been observed in a number of cases that in absence of any male member being available to accompany the wife who is party to matrimonial proceedings to a different place, it may render it "expedient for ends of justice" to transfer proceedings Mona Aresh Goel v. Aresh Satya Goel (2000) 9 SCC 255; Lalita A. Ranga v. Ajay Champalal Ranga (2000) 9 SCC 355; Deepa v. Anil Panicker (2000) 9 SCC 441; Archana Rastogi v. Rakesh Rastogi (2000) 10 SCC 350; Leena Mukherjee v. Rabi Shankar Mukherjee (2002) 10 SCC 480; Neelam Bhatia v. Satbir Singh Bhatia (2004) 13 SCC 436; Soma Choudhury v. Gourab Choudhaury (2004) 13 SCC 462; Rajesh Rani v. Tej Pal (2007) 15 SCC 597; Vandana Sharma v. Rakesh Kumar Sharma (2008) 11 SCC 768; and Anju Ohri v. Varinder Ohn (2007) 15 SCC 556.. 8. Of course in some cases, it was observed that instead of proceedings being transferred, the husband should pay travel, lodgi....
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.... above, Section 19 of the Act permits proceedings to be filed not only at a place where the wife resides but also at place where marriage is solemnized or the place where the parties last resided together. It is mostly in the said situations that the wife has hardship in contesting proceedings. At the same time, under the law the husband is legally entitled to file proceedings at such places. Territorial jurisdiction of court is statutorily laid down in Code of Civil Procedure or other concerned statutes. 11. Accordingly, we have heard Shri C.A. Sundaram, learned senior Counsel as amicus curiae. Learned amicus has suggested that Section 19 of the Act should be interpreted to mean that the jurisdiction at the place other than where wife resides being available only at the option of the wife or that such jurisdiction will be available in exceptional cases where the wife is employed and the husband is unemployed or where the husband suffers from physical or other handicap or is looking after the minor child. Even though we are unable to give such interpretation in the face of plain language of statute to the contrary and it is for the legislature to make such suitable amendment as ma....
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....te forum, for the purpose of ordering stay of the suit, the court would look for that forum with which the action had the most real and substantial connection in terms of convenience or expense, availability of witnesses, the law governing the relevant transaction and the places where the parties resided or carried on business. If the court concluded that there was no other available forum which was more appropriate than the English court, it would normally refuse a stay. If, however, the court concluded that there was another forum which was prima facie more appropriate, the court would normally grant a stay unless there were circumstances militating against a stay. It was noted that as the dispute concerning the contract in which the proper law was English law, it meant that England was the appropriate forum in which the case could be more suitably tried. Though these observations have been made in the context of granting anti suit injunction, the principle can be followed in regulating the exercise of jurisdiction of the court where proceedings are instituted. In a civil proceeding, the Plaintiff is the dominus litis but if more than one court has jurisdiction, court can determ....
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....receiving communication from the parties. Every district court must have at least one e-mail ID. Administrative instructions for directions can be issued to permit the litigants to access the court, especially when litigant is located outside the local jurisdiction of the Court. A designated officer/manager of a district court may suitably respond to such e-mail in the manner permitted as per the administrative instructions. Similarly, a manager/information officer in every district court may be accessible on a notified telephone during notified hours as per the instructions. These steps may, to some extent, take care of the problems of the litigants. These suggestions may need attention of the High Courts. 17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice. 18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes bet....