Case Note & Summary
The case involved a transfer petition filed by the wife, Rajni Kumari, under Section 25 of the Code of Civil Procedure, 1908, seeking to move her matrimonial suit from the Family Court at Khagaria, Bihar to a Family Court in New Delhi. The petitioner, aged 24, had no source of income and was fully dependent on her parents, making it challenging for her to attend court proceedings located approximately 1500 kilometers away. The court heard arguments from both parties and reviewed the materials on record. It recognized the difficulties faced by the petitioner due to her financial situation and the distance involved. Consequently, the court decided to transfer the case to New Delhi, directing the Family Court at Khagaria to send the case records within one month. The application for transfer was disposed of without any order as to costs.
Headnote
A) Civil Procedure - Transfer of Matrimonial Suit - Jurisdictional Convenience - Code of Civil Procedure, 1908, Section 25 - The court considered the petitioner's age, lack of income, and the significant distance to the current court location, determining that transferring the case would facilitate her participation in proceedings. Held that the case was to be transferred to New Delhi for the petitioner's convenience (Paras 1-5).
Issue of Consideration
Whether the matrimonial suit should be transferred from Khagaria, Bihar to New Delhi for the convenience of the petitioner.
Final Decision
The court ordered the transfer of Matrimonial Suit No. 5 of 2005 from the Family Court at Khagaria, Bihar to a competent Family Court at New Delhi, directing the transmission of case records within one month.
Law Points
- Transfer of cases
- Matrimonial disputes
- Jurisdictional convenience
