Case Brief: Reena Mehra Vs.Rohit Rai Verma

Deciding Authority: Supreme Court of India
Date of Judgement: 24th January, 2003
Bench: Justice R.C.Lahoti & Justice Brijesh Kumar
Facts of the Case: The petitioner’s marriage with respondent took place in 1991 in Delhi whereafter she started living in her matrimonial home . It is also the case of the petitioner that sufficient jewellery and cash was given in the marriage still the demand for a car was made and harassment of the petitioner started. According to the petitioner, things came down to physical assaults and mental torture caused by the respondent more so, after she gave birth to a child. The allegations further go to indicate that the brother of the respondent had even extended threat to her to kidnap her son which scared her to the extent that she left Delhi and went to her parents at Bombay wherefrom she informed to respondent about the whole position. Immediately there after respondent filed a petition for restitution of conjugal rights in Delhi Court. The petitioner moved this Court by filing a Transfer Petition (C) No.596 of 1998 which was allowed on 3.8.1998 and the case was transferred to Bombay observing that the case deserved to be transferred to Family Court, Mumbai. The petitioner also filed certain criminal cases in connection with the demand of dowry etc. against respondent and her in-laws and the proceedings whereof have been initiated in Bombay courts. The effort made by respondent for quashing of the FIR failed and the petition moved by respondent was dismissed by the Bombay High Court.
Judgement of the Case: Considering all the facts and circumstances and the background given above, the Supreme Court held that it would serve the ends of justice better if Suit pending in Tis Hazari Courts, Delhi is transferred to the City Civil Court, Bombay so that the petitioner may have a fair opportunity to defend herself in those proceedings. In the result, we allow the petition and transfer the case namely, Suit No.680 of 1999 pending in the Court of Tis Hazari, Delhi to the City Civil Court, Mumbai as prayed. The Civil Judge, Tis Hazari, Delhi shall transmit the record of Suit No.680 of 1999 forthwith to the City Civil Court, Mumbai. Any observation made in this order is limited to the purpose of deciding this transfer petition and shall not affect the merits of the case of the parties in any other proceedings either way.