Case Note & Summary
The case involved a transfer petition filed by the petitioner wife, Kusum, seeking the transfer of a matrimonial case, HMA No.667 of 2006, from the Court of Additional District Judge (ADJ) at Tis Hazari Courts, Delhi, to a competent court in Chandigarh. The petitioner contended that she resided in Chandigarh and faced financial difficulties that hindered her ability to travel to Delhi for court hearings. The respondent, Pritpal Singh, was served with notice but did not appear in court. The Supreme Court, after hearing the arguments from both sides, recognized the petitioner's challenges and decided to allow the transfer of the case to facilitate her participation in the proceedings. The court directed that the records of the case be transmitted to the District Judge in Chandigarh, ensuring that the case would be tried there. The decision was made on 28th July 2008, with the court emphasizing the importance of convenience for the parties involved in matrimonial disputes.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Convenience of Parties - Transfer Petition under Section 25 of the Code of Civil Procedure, 1908 - The petitioner sought transfer of a matrimonial case from Delhi to Chandigarh due to financial constraints and residence issues. The court found merit in the petitioner's request and directed the transfer for the convenience of the parties involved. Held that the transfer was justified to facilitate the petitioner's ability to attend court proceedings (Paras 2-3).
Issue of Consideration
Whether the matrimonial case should be transferred from Delhi to Chandigarh for the convenience of the petitioner.
Final Decision
The Supreme Court allowed the transfer of HMA No.667 of 2006 from the Court of ADJ, Tis Hazari Courts, Delhi to the District Judge, Chandigarh, to facilitate the petitioner's attendance at hearings.
Law Points
- Transfer of cases
- jurisdiction
- convenience of parties
