Case Note & Summary
The case involved a transfer petition filed by the petitioner, the wife, seeking to move a divorce petition initiated by the respondent, her husband, from the Court at Alipore, Calcutta, to the Tis Hazari Courts in Delhi. The respondent did not object to the transfer but raised concerns that the petitioner might attempt to take their minor child out of India. The court noted that if the respondent had any grievances regarding the child's custody, he could pursue appropriate proceedings in the relevant court. The court concluded that this concern did not constitute a valid reason to deny the transfer of the divorce petition. Consequently, the Supreme Court ordered the transfer of Matrimonial Suit No. 2077/08 from the District Judge, Alipore, Calcutta, to the District Judge, Tis Hazari, Delhi, allowing the transfer petition and directing that all records be sent to the new court.
Headnote
A) Family Law - Transfer of Matrimonial Suit - Grounds for Transfer - Transfer Petition (Civil) No. 75 of 2009 - The petitioner sought transfer of a divorce petition to Delhi, which the respondent did not oppose. The court found no valid ground to deny the transfer despite concerns about the minor child, directing that any grievances regarding custody should be addressed in the appropriate court. Held that the transfer was justified (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the divorce petition from Alipore to Delhi should be allowed despite the respondent's concerns regarding the minor child.
Final Decision
The Supreme Court allowed the transfer of the divorce petition from Alipore to Delhi, stating that the respondent's concerns regarding the minor child did not constitute a valid ground to deny the transfer. The court directed that any custody issues should be addressed in the appropriate court.
Law Points
- Transfer of matrimonial suit
- jurisdictional transfer
- minor child's custody
