Case Note & Summary
The petitioner-wife, Nitu Devi Somvanshi, filed a transfer petition under the Supreme Court's civil original jurisdiction seeking transfer of matrimonial proceedings, namely Petition No. 308 of 2017 titled 'Rajendra Singh Somvanshi @ Tinku vs Nitu Devi Somvanshi', from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana. The respondent-husband, Rajendra Singh Somvanshi @ Tinku, through his counsel, stated that he had no objection to the transfer. The Supreme Court, having regard to the interests of justice, allowed the transfer petition and directed that the proceedings be transferred accordingly. The transferor court was directed to forthwith transmit the record to the transferee court, and the transferee court was requested to make all endeavours for expeditious disposal without unnecessary adjournments. Additionally, a connected contempt petition (Contempt Petition (Civil) No. 397 of 2020) was disposed of in view of the order in the transfer petition. The Court also disposed of all pending applications.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Consent of Parties - The Supreme Court allowed the transfer petition filed by the wife seeking transfer of Petition No. 308 of 2017 from the Family Court, Alwar, Rajasthan to the Family Court, Bhiwani, Haryana, as the respondent-husband had no objection and in the interests of justice. (Paras 1-4)
Issue of Consideration
Whether the matrimonial proceedings pending before the Family Court at Alwar, Rajasthan should be transferred to the Family Court at Bhiwani, Haryana on the application of the wife.
Final Decision
The transfer petition is allowed. Petition No. 308 of 2017 is transferred from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana. The contempt petition is disposed of. Pending applications stand disposed of.
Law Points
- Transfer of proceedings
- Matrimonial disputes
- Consent of parties
- Interests of justice
