Case Note & Summary
The case involved a petition for the transfer of Petition No. A-55/2008, which was pending before the Family Court at Aurangabad, to the Civil Court at Srinagar, Jammu & Kashmir. The petitioner, Fatema, sought this transfer due to her young age of 22 years, which made it challenging for her to attend court proceedings in Aurangabad from Srinagar. The Supreme Court, after hearing the arguments from both parties and reviewing the materials on record, recognized the difficulties faced by the petitioner. Consequently, the court allowed the transfer of the case for final disposal to the Civil Court at Srinagar. The Family Court at Aurangabad was directed to send the case records to the Srinagar court within two months of receiving a copy of the order. The court concluded that the transfer was justified for the convenience of the petitioner and decided that there would be no order as to costs.
Headnote
A) Family Law - Transfer of Cases - Convenience of Parties - Transfer of Family Court case - Supreme Court allowed the transfer of a case from Family Court at Aurangabad to Civil Court at Srinagar considering the young age of the petitioner and the difficulty in attending court proceedings. The court directed the Family Court at Aurangabad to transmit the case records within two months. Held that the transfer was necessary for the convenience of the petitioner (Paras 1-3).
Issue of Consideration
Whether the petition for transfer of the case from Family Court at Aurangabad to Civil Court at Srinagar should be allowed.
Final Decision
The Supreme Court allowed the transfer of the case from the Family Court at Aurangabad to the Civil Court at Srinagar, directing the Family Court to transmit the case records within two months and stating there would be no order as to costs.
Law Points
- Transfer of cases
- Family Court jurisdiction
- convenience of parties
