Case Note & Summary
The case involved a transfer petition filed by Baby Sarkar (Shome) seeking the transfer of her matrimonial suit against Pardip Sarkar. The suit was originally pending before the District Judge in Barasat, West Bengal. The Supreme Court, upon hearing the petition, noted that despite service of notice, the respondent-husband was neither present nor represented by counsel. Given the circumstances outlined in the petition, the Court decided to transfer the case to the Principal Judge of the Family Court in Munger, Bihar. The Court instructed that the transferee Court should either adjudicate the case itself or assign it to another competent Court for trial. The Transfer Petition was thus allowed, ensuring that the matter would be heard in a suitable jurisdiction for family law disputes. The decision was made on November 10, 2008, by Justices Lokeshwar Singh Panta and Aftab Alam.
Headnote
A) Family Law - Transfer of Matrimonial Suit - Jurisdictional Transfer - Transfer Petition (Civil) No. 622 of 2007 - Court allowed the transfer of a matrimonial suit from the District Judge, Barasat to the Family Court, Munger, considering the circumstances stated in the petition. The transferee Court was directed to either decide the case itself or assign it to another competent Court for trial. Held that the transfer was necessary for the proper adjudication of the matter (Paras Not mentioned).
Issue of Consideration
Whether the matrimonial suit should be transferred to another court.
Final Decision
The Supreme Court allowed the transfer of the matrimonial suit from the District Judge, Barasat to the Family Court, Munger, Bihar, directing the transferee Court to either decide the case itself or assign it to another competent Court for trial.
Law Points
- Transfer of cases
- matrimonial disputes
- jurisdiction of family courts
