Case Title : Delma Lubna Coelho vs Edmond Clint Fernandes

A division bench of Justice Rajesh Bindal and Justice Aravind Kumar of Supreme Court while refusing to use its plenary powers to set aside the marriage, held that it takes time to settle down the marriage as both the parties had lived together only for 40 days.

The bench noted that “We do not find this to be a fit case for exercise of power under Article 142 of the Constitution of India as good sense may prevail on the parties. They had lived together only for 40 days. It takes time to settle down in marriage”.

The transfer petition was filed by the wife seeking transfer of the divorce proceedings which was filed by the husband before the family court in Mangaluru.

The wife lodged a complaint before the police station as she was denied entry into her matrimonial home.

The wife claimed that she was ill-treated, insulted and humiliated by the husband’s family and after that husband, in the pretext of giving her a break for 10-15 days, booked the ticket and sent her to the Mumbai.

Thereafter, the husband disconnected all relations with her. 

The counsel for the husband submitted that, immediately after the marriage, the behaviour of the wife was not same as was prior to the marriage. She started misbehaving with the husband’s parents.

While rejecting the transfer application of the wife, the bench held that   “ Considering the status of the parties and the fact that it is a petition filed by the wife seeking transfer of case filed by the husband from Mangaluru, Karnataka to Mumbai, Maharashtra, in our view no case is made out for transfer of the petition from Magaluru, Karnataka to Mumbai, Maharashtra. The wife is a permanent resident of Canada. She must travelling abroad regularly. As is evident from the observation in the mediation report. She can travel to Mangaluru to attend the hearing of the case”.