Supreme Court Allows Transfer of Matrimonial Case to Family Court for Expedient Resolution. Transfer of H.M.A.No.972 of 2008 ordered from Delhi to Kolkata to ensure timely proceedings.

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Case Note & Summary

The Supreme Court of India addressed a transfer petition concerning a matrimonial case, H.M.A.No.972 of 2008, involving the parties Sushma Mour and Ravi Kumar Mour @ Sanjay. The petitioner sought the transfer of the case from the Additional District Judge, Karkardooma Court, Delhi to the Family Court at Alipore, Kolkata. The respondent's counsel expressed no objection to the transfer but denied all allegations made in the transfer petition. The court, acknowledging the respondent's position, granted the transfer request and directed that all records be sent to the Family Court in Kolkata. The court also requested that the Family Court expedite the disposal of the case, thereby facilitating a timely resolution of the matrimonial dispute.

Headnote

A) Family Law - Transfer of Matrimonial Cases - Jurisdictional Transfer - Transfer Petition allowed - The court ordered the transfer of H.M.A.No.972 of 2008 from the Additional District Judge, Karkardooma Court, Delhi to the Family Court at Alipore, Kolkata, as there was no objection from the respondent regarding the transfer. The court emphasized the need for the Family Court to dispose of the petition at an early date (Paras Not mentioned).

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Issue of Consideration

Whether the transfer of H.M.A.No.972 of 2008 from Delhi to Kolkata should be allowed.

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Final Decision

The Supreme Court allowed the transfer of H.M.A.No.972 of 2008 from the Additional District Judge, Karkardooma Court, Delhi to the Family Court at Alipore, Kolkata, and directed that all records be sent to the Family Court. The court requested the Family Court to dispose of the petition at an early date.

Law Points

  • Transfer of cases
  • Family Court jurisdiction
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Case Details

2009 LawText (SC) (04) 13

Transfer Petition (C.) No.351 of 2009

2009-04-20

K.G. Balakrishnan, Harjit Singh Bedi, P. Sathasivam

Sushma Mour

Ravi Kumar Mour @ Sanjay

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Nature of Litigation

Transfer petition for a matrimonial case

Remedy Sought

Transfer of case to Family Court

Filing Reason

To facilitate proceedings in a different jurisdiction

Issues

Transfer of matrimonial case jurisdiction

Submissions/Arguments

Respondent has no objection to the transfer Respondent denies allegations in the transfer petition

Ratio Decidendi

The court emphasized the importance of facilitating timely proceedings in matrimonial disputes through jurisdictional transfers.

Judgment Excerpts

We order for transfer of H.M.A.No.972 of 2008 titled Ravi Kumar Mour @ Sanjay Vs. Sushma Mour from the Court of the Additional District Judge, Karkardooma Court, Delhi to the Family Court at Alipore, Kolkata. We request the Family Court to dispose of the petition at an early date.

Procedural History

The transfer petition was filed seeking the transfer of a matrimonial case from Delhi to Kolkata.

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