When the Husband Does Not Appear: Supreme Court Allows Transfer of Matrimonial Case in a Single Hearing
By Legal Light Consulting – LLC Lawyer Educational article only – for case-specific advice, consult a lawyer directly.
One of the fastest and least contested ways to get a matrimonial case transferred from one state to another is when the opposite party (usually the husband) does not appear despite notice. The Supreme Court has repeatedly allows such transfer petitions in a single hearing, often within weeks of filing.
This article explains the law and practice with reference to a common category of orders passed by the Supreme Court under Section 25 of the Code of Civil Procedure, 1908.
Typical Fact Situation
- Husband (a doctor) files divorce petition in his home state (e.g., Rajasthan, Uttar Pradesh, Punjab, etc.).
- Wife (also a doctor) is residing with her parents in another state (e.g., Delhi, Maharashtra, Kerala, etc.).
- There is no child from the marriage.
- Wife files Transfer Petition (Civil) in the Supreme Court praying that the divorce case be moved to the city where she is staying.
- Notice is issued to the husband.
- Husband does not appear on the returnable date and does not file any reply.
What the Supreme Court Does in Such Cases
In almost identical language, the Supreme Court passes short, crisp orders that read like this (real extract from 2024–2025 orders):
“Notice was issued to the respondent-husband. The office reports that the AD card has not been received back. Despite service of notice, the respondent has chosen not to appear and contest the transfer petition. The petitioner-wife is residing with her parents at __________ and she is also a doctor by profession. There is no child born out of the wedlock. In the facts and circumstances, we are satisfied that the convenience of the wife should be given primacy. Accordingly, the divorce petition pending before the Family Court, __________ is withdrawn and transferred to the Family Court / Principal Judge, Family Court at __________ where the petitioner is presently residing. However, liberty is granted to the respondent-husband to seek modification/recall of this order within a period of three months from today, in case he is able to demonstrate that he was not served with the notice of the transfer petition. The transfer petition is disposed of in the above terms. Pending applications, if any, stand disposed of.”
Key Takeaways from Such Orders
| Point | Explanation |
|---|---|
| 1 | Non-appearance = Transfer almost certain |
| 2 | Wife’s convenience is given primacy when there is no child and she is living with parents |
| 3 | Profession (both being doctors) is noted but does not defeat transfer |
| 4 | Court protects husband’s rights by giving 3 months to seek recall if notice was genuinely not served |
| 5 | Entire process can finish in 4–10 weeks from filing |
Why the 3-Month Recall Clause is Important
The Supreme Court is conscious that sometimes postal delays or wrong addresses cause genuine non-service. Therefore, it always adds a safety valve:
- Husband can file a Recall / Modification Application within 3 months.
- He must file proof that the AD card was not served or he had no knowledge.
- If he fails to apply within 3 months, the transfer order becomes final and unchallengeable.
Practical Tips for Wives
- File the transfer petition with correct and multiple addresses of the husband (residence + workplace/hospital).
- Request the court registry to also serve by email and speed-post.
- Once notice is issued and husband does not appear → the case is usually listed within 2–4 weeks and allowed immediately.
Practical Tips for Husbands
- Never ignore Supreme Court notice – even if you want to contest, file a short reply.
- If you genuinely did not receive notice, keep evidence (change of address proof, etc.) and file recall application within 3 months.
- After 3 months, recall is almost impossible.
When the husband remains absent despite notice, the Supreme Court treats it as a strong ground to allow the wife’s transfer petition immediately while keeping a small window open for the husband to prove non-service.
This practice balances speed, convenience of the wife, and natural justice for the absent husband.
Legal Light Consulting – LLC Lawyer regularly handles such “non-contested” transfer petitions and helps clients get the case shifted in the shortest possible time.
If your matrimonial case is pending far away and you are finding it difficult to travel, contact us today – many of our transfer petitions are allowed in the very first hearing itself.
FAQ: Transfer Petition Allowed in One Hearing Because Husband Did Not Appear
(Based on Supreme Court’s latest 2024–2025 practice) Prepared by Legal Light Consulting – LLC Lawyer Educational purpose only – consult a lawyer for your case.
1. Can a wife get her husband’s divorce case transferred in just one hearing?
Yes, very frequently. If the husband does not appear in the Supreme Court despite notice, the transfer petition is almost always allowed on the very first effective hearing.
2. What exactly happens when the husband does not appear?
The Supreme Court passes an order like this:
- Notes that notice was sent but husband has not appeared
- Accepts the wife’s statement that she is living with her parents and finds travel difficult
- Transfers the case immediately to the wife’s city
- Gives the husband last chance to the husband to apply for recall within 3 months if he was genuinely not served
3. Is this only for doctors?
No. The fact that both are doctors is just a coincidence. This order is passed in hundreds of cases every year for teachers, engineers, bankers, businessmen, etc.
4. Does the wife need to prove extreme hardship?
Not really when the husband is absent. The Court simply says: “Since the respondent has chosen not to contest and the petitioner is residing with her parents, her convenience deserves to be given primacy.”
5. There is no child in the marriage – does that help the wife?
Yes. Absence of minor children makes it easier for the Court to transfer the case because no child’s welfare is involved in choosing the forum.
6. What is the 3-month recall clause?
It is a safety valve. The Supreme Court says: “If the husband proves within 3 months that he was never served with the Supreme Court notice, he can file a recall application and the transfer order can be cancelled.”
7. What if the husband comes to know about the transfer after 3 months?
After 3 months, the transfer becomes final and irreversible in almost all cases. The Supreme Court rarely entertains late recall applications.
8. How long does the entire process take?
- Filing → Notice issued: 1–2 weeks
- Husband does not appear → Case listed again: 3–6 weeks
- Transfer order passed: Usually within 4–10 weeks from filing
9. Can the husband stop the transfer by appearing at the last moment?
Yes. If he files a reply and appears, the Court will hear both sides and decide on merits (distance, income, aged parents, etc.).
10. What should a wife do to make service of notice fool-proof?
Provide in the petition:
- Husband’s residence address
- Clinic/hospital/official address
- Email ID and phone number
- Request the registry to serve by email + speed post + ordinary post
11. What should a husband do if he receives Supreme Court notice in a transfer petition?
Never ignore it. File a short reply (even 2–3 pages) and appear through a lawyer. Otherwise the case will be transferred in the next hearing itself.
12. Can maintenance or DV cases also be transferred the same way?
Yes. The same logic applies to 100%. If husband does not appear, maintenance, DV, 125 CrPC, custody cases are also transferred immediately.
13. Is personal presence of the wife required in Supreme Court?
Usually no. Only the lawyer appears. Physical presence is required only in rare contested cases.
If your case is pending far away and the opposite party is not responding, this is the fastest and surest way to bring the case to your city.
Legal Light Consulting – LLC Lawyer has successfully obtained dozens of such one-hearing transfers in 2024–2025. Contact us today – many of our clients get the transfer order in the first hearing itself.
