Case Note & Summary
The case involved a transfer petition filed by the petitioner-wife, Babita, under Section 25 of the Code of Civil Procedure, 1908, seeking the transfer of a family court petition filed by her husband, Girdharilal Jiyalal Chaurasia, from the Family Court in Azamgarh, Uttar Pradesh, to the Additional Chief Metropolitan Court in Bandra, Mumbai, Maharashtra. The petition was filed due to the convenience of the petitioner, and despite notice being served, the respondent did not appear in court. The Supreme Court, upon considering the facts and circumstances presented in the petition, decided to allow the transfer of the case to facilitate the proceedings. The court emphasized the importance of jurisdictional convenience in family matters and directed the transfer accordingly. The Transfer Petition was thus allowed.
Headnote
A) Civil Procedure - Transfer of Petition - Jurisdictional Transfer - Code of Civil Procedure, 1908, Section 25 - Petition filed by the wife sought transfer of a family court petition from Azamgarh to Mumbai for convenience. The court considered the circumstances and allowed the transfer, emphasizing the need for appropriate jurisdictional handling of family matters. Held that the transfer was justified under the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the transfer of M.J. Petition No.163/2007 from Azamgarh to Mumbai should be granted.
Final Decision
The Supreme Court allowed the transfer of M.J. Petition No.163/2007 from the Family Court in Azamgarh to the Additional Chief Metropolitan Court in Bandra, Mumbai, emphasizing the need for jurisdictional convenience in family matters.
Law Points
- Transfer of petition
- jurisdiction
- family court
- procedural rules
