Mona Aresh Goel v. Aresh Satya Goel .

Factual and Procedural Background

The husband initiated divorce proceedings (MJ Petition No. A-636 of 1999) before the Family Court at Bandra, Bombay. The wife, who now resides with her parents in Delhi, filed a transfer petition seeking to move those proceedings to Delhi. The respondent husband was served with notice of the transfer petition but failed to appear.

Legal Issues Presented

1. Whether, in view of the wife's circumstances, the divorce proceedings pending in Bombay should be transferred to a competent court in Delhi.

Arguments of the Parties

Petitioner's (Wife's) Arguments

• She has no independent income to finance repeated travel between Delhi and Bombay.
• Her parents are unable to bear the travel expenses on her behalf.
• At twenty-two years of age, she cannot travel to or stay in Bombay alone, as she has no support system there.

Respondent's (Husband's) Arguments

The opinion does not contain a detailed account of the respondent's legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted the wife's lack of independent income, her parents' inability to finance her travel, and her personal difficulties in staying alone in Bombay. Given these circumstances and the absence of any appearance or contest from the husband, the court found it just and proper to grant the transfer request.

Holding and Implications

The transfer petition is allowed. MJ Petition No. A-636 of 1999 pending before the Family Court at Bandra, Bombay is transferred to the Court of the District Judge, Tis Hazari, Delhi, for hearing or reassignment to a competent court. No order as to costs.

The ruling directly affects only the venue of the ongoing divorce proceedings; it sets no broader precedent beyond reinforcing the court’s discretion to transfer matrimonial cases for the convenience of parties.