Case Note & Summary
The Supreme Court addressed the transfer petitions concerning two cases involving family law disputes between the petitioner and the respondent. The petitioner, Manoj Shah, sought the transfer of M.H.A. Case No.42/2004 and No.190/2005, along with Complaint Case No.1399/2004 and Trial No.672/2006, from the Family Court and S.D.J.M. Court in Muzaffarpur, Bihar to a District Court in Delhi. The court considered the peculiar facts and circumstances surrounding the case, particularly the stand taken by the respondent, Sarita Devi. The court concluded that transferring the cases would be appropriate and directed that the petitioner bear the travel costs for the respondent, quantified at Rs. 1,000 for each day she appears in court in Delhi. The court also instructed that the District Judge ensure that the dates for hearings are scheduled to minimize the need for the respondent to travel frequently to Delhi. The transfer petitions were allowed with these directions.
Headnote
A) Family Law - Transfer of Cases - Jurisdictional Transfer - Transfer Petition (Crl.) No. 103 of 2007 - Court directed the transfer of family and complaint cases from Muzaffarpur to Delhi considering the peculiar facts and circumstances of the case. The petitioner was ordered to bear the travel costs of the respondent for attending court in Delhi, ensuring convenience in the scheduling of hearings (Paras Not mentioned).
Issue of Consideration
Whether the transfer of pending cases from Muzaffarpur, Bihar to Delhi is warranted based on the circumstances of the case.
Final Decision
The Supreme Court allowed the transfer of the cases from Muzaffarpur to Delhi, directing the petitioner to bear the travel costs of the respondent for court appearances.
Law Points
- Transfer of cases
- Family Court jurisdiction
- Costs of travel
