Case Note & Summary
The dispute arose from a matrimonial case where the petitioner-wife filed a transfer petition in the Supreme Court under its civil original jurisdiction. The petitioner sought the transfer of a divorce petition, H.M.A. No.878 of 2020, filed by the respondent-husband in the Family Court at Gurugram, Haryana, to the Family Court at Arwal, Bihar. The petitioner argued for transfer based on convenience, while the respondent did not appear despite service of notice. The Supreme Court issued notice on 27.09.2021 and passed an interim order staying further proceedings in Gurugram. After hearing the petitioner's counsel and perusing the record, the court considered the facts and circumstances, including the respondent's non-appearance. The legal issue centered on whether the transfer should be granted under the court's discretionary power, likely invoking principles of convenience and justice. The petitioner's main contention was the need for transfer to a more convenient forum, while no arguments were presented by the respondent. In its analysis, the court did not cite specific provisions or precedents but relied on the record and circumstances. The court reasoned that allowing the transfer was appropriate, leading to the decision to transfer the case and direct the transmission of records. The final holding allowed the transfer petition, with operative directions for the Gurugram court to send records to Arwal and for the Registry to ensure compliance.
Headnote
A) Civil Procedure - Transfer of Cases - Convenience of Parties - Code of Civil Procedure, 1908, Section 25 - Petitioner-wife sought transfer of divorce petition filed by respondent-husband from Gurugram to Arwal for convenience - Supreme Court considered facts and circumstances, allowed transfer petition, and directed transmission of records - Held that transfer is appropriate to ensure fair proceedings (Paras 1-2).
Issue of Consideration
Whether the petition for transfer of a matrimonial case from the Family Court, Gurugram, Haryana to the Family Court, Arwal, Bihar should be allowed
Final Decision
Transfer petition allowed; H.M.A. No.878 of 2020 transferred from Family Court, Gurugram, Haryana to Family Court, Arwal, Bihar; Family Court at Gurugram directed to transmit entire record to transferee court immediately; Registry directed to send copy of Order to both Courts for compliance
Law Points
- Transfer of matrimonial cases under Section 25 of Code of Civil Procedure
- 1908
- based on convenience of parties
- jurisdiction of family courts
- and exercise of discretionary power by Supreme Court
