Case Note & Summary
The case involved a transfer petition filed by Smt. Vandana Sharma seeking the transfer of S.M.A. Case No.6 of 2006 from the Additional District Judge, Tis Hazari Courts, Delhi to the District Judge, Panchkula, Haryana. The petition was prompted by the husband's request for divorce under the Special Marriage Act, 1954. The petitioner highlighted the challenges of traveling to Delhi from Panchkula with her two minor daughters, particularly given that one child was only 7 months old. Despite proper service, the husband did not contest the application. The court, after considering the circumstances, found it reasonable to allow the transfer to facilitate the petitioner's attendance at court. The court directed the records to be transmitted promptly and expected the case to be disposed of within a year without unnecessary delays. The application for transfer was allowed without costs.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Convenience of Parties - Special Marriage Act, 1954, Section 27(1)(b)(d) - The court considered the difficulties faced by the petitioner in attending court in Delhi due to her residing in Panchkula with two minor daughters, one being only 7 months old. The court held that transferring the case to Panchkula was just and proper to facilitate the petitioner's attendance and ensure the welfare of the children (Paras 1-4).
Issue of Consideration
Whether the transfer of matrimonial proceedings from Delhi to Panchkula should be granted for the convenience of the petitioner and her minor children.
Final Decision
The Supreme Court allowed the transfer of the matrimonial proceedings from the Additional District Judge, Tis Hazari Courts, Delhi to the District Judge, Panchkula, Haryana, directing the records to be transmitted promptly and the case to be disposed of within one year.
Law Points
- Transfer of cases
- Special Marriage Act
- convenience of parties
- minor children considerations
