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Supreme Court of India 2023-04-18 dismissed

DELMA LUBNA COELHO vs EDMOND CLINT FERNANDES

Bench: 2 — Rajesh Bindal, Aravind Kumar

In Brief

A wife sought to transfer matrimonial proceedings from Mangaluru, Karnataka (where the divorce petition was filed) to Mumbai, Maharashtra (where she resided). The Supreme Court dismissed the petition, holding that transfer is not automatic even for wives and must be decided on individual merits. The Court found that both parties were well-educated and employed, capable of travelling or seeking exemptions. Additionally, the Court declined to exercise Article 142 powers to dissolve the 40-day-old marriage on irretrievable breakdown grounds, noting mediation had not fully concluded and reconciliation remained possible. Judgment distinguished cases where divorce power under Article 142 had been used, involving established proceedings with substantial evidence.

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Family Law Divorce Matrimonial Proceedings Transfer of Proceedings Article 142 Mediation

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