Case Note & Summary
The dispute arose from a matrimonial case between the parties, with the appellant seeking to transfer the case from the Court of Additional District Judge, Panipat to a competent court in Gurgaon. The appellant filed a petition under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, for this transfer. The High Court of Punjab & Haryana dismissed the petition, reasoning that the respondent-husband had not insisted on the personal presence of the appellant at every hearing. Upon appeal to the Supreme Court, the respondent-husband expressed no objection to the transfer. The Supreme Court, considering this lack of objection, allowed the appeal, set aside the High Court's order, and directed that the case be transferred to the Court of District and Sessions Judge, Gurgaon, for assignment to a court dealing with matrimonial matters. The decision was made to facilitate the proceedings in a more suitable jurisdiction.
Headnote
A) Civil Procedure - Transfer of Cases - Jurisdiction - Code of Civil Procedure, 1908, Section 24 - The appellant sought transfer of a matrimonial case from Panipat to Gurgaon. The High Court dismissed the application based on the respondent's lack of insistence on the wife's presence. The Supreme Court allowed the transfer as the respondent-husband had no objection, thereby facilitating the proceedings in a more convenient jurisdiction. Held that the transfer was warranted under the circumstances (Paras 1-2).
Issue of Consideration
Whether the transfer of the matrimonial case from Panipat to Gurgaon should be allowed.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the transfer of the matrimonial case to the Court of District and Sessions Judge, Gurgaon.
Law Points
- Transfer of cases
- matrimonial disputes
- jurisdiction
- Code of Civil Procedure
- Hindu Marriage Act
