Case Note & Summary
The Supreme Court dealt with a transfer petition filed by a wife, Kusum Kotnala, seeking the transfer of her marriage suit from Dehradun to Delhi. The marriage suit, numbered 403 of 2006, was pending before the Family Court in Dehradun under Section 13(a) of the Hindu Marriage Act, 1955. The petitioner was employed in Delhi, which formed the basis for her request for transfer. The court, without delving into the merits of the case, acknowledged the circumstances surrounding the petitioner's employment and deemed it appropriate to transfer the case. Consequently, the court ordered that the marriage suit be transferred to the District Judge at Tis Hazari, Delhi, who was instructed to assign the matter to the relevant court. The transfer petition was disposed of accordingly, with the order issued on 22nd August 2008.
Headnote
A) Family Law - Transfer of Marriage Suit - Jurisdictional Transfer - Hindu Marriage Act, 1955, Section 13(a) - The court directed the transfer of a marriage suit pending in Dehradun to Delhi for convenience, considering the petitioner's employment location. Held that the transfer was necessary to facilitate the proceedings (Paras Not mentioned).
Issue of Consideration
Whether the marriage suit should be transferred from Dehradun to Delhi
Final Decision
The Supreme Court ordered the transfer of the marriage suit from Dehradun to the District Judge at Tis Hazari, Delhi, for convenience, without addressing the merits of the case.
Law Points
- Transfer of cases
- jurisdiction
- Hindu Marriage Act
