Case Note & Summary
The Supreme Court of India heard a transfer petition filed by the petitioner-wife seeking to transfer a matrimonial case from the Family Court in Lucknow, Uttar Pradesh to the Family Court in Surat, Gujarat. The respondent-husband had initiated the matrimonial case in Lucknow, and the wife filed this transfer petition for convenience. The Court had issued notice on 27 September 2021 and passed an interim order staying further proceedings in the Lucknow court. Service of notice was effected upon the respondent, but he chose not to appear before the Court. After hearing the petitioner's counsel and perusing the record, the Court considered the facts and circumstances and found it appropriate to allow the transfer petition. Consequently, the Court ordered the transfer of Matrimonial Case No. 920 of 2021 from the Principal Judge, Family Court, Lucknow to the Family Court, Surat, Gujarat. The Lucknow court was directed to transmit the entire record to the transferee court immediately, and the Registry was instructed to send copies of the order to both courts for compliance. The transfer petition was allowed accordingly.
Headnote
A) Family Law - Matrimonial Disputes - Transfer of Cases - Code of Civil Procedure, 1908, Section 25 - Petitioner-wife sought transfer of matrimonial case from Family Court, Lucknow to Family Court, Surat for convenience - Court considered facts and circumstances, allowed transfer petition, and directed transmission of records - Held that transfer was appropriate based on petitioner's request and respondent's non-appearance (Paras 1-2).
Issue of Consideration
Whether the matrimonial case filed by the husband in Lucknow should be transferred to Surat at the wife's request
Final Decision
Transfer petition allowed. Matrimonial Case No.920 of 2021 transferred from Court of Principal Judge, Family Court, Lucknow, Uttar Pradesh to Family Court, Surat, Gujarat. Family Court at Lucknow 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
- convenience of parties
- exercise of jurisdiction under Article 142 of Constitution of India
- Code of Civil Procedure
- 1908 Section 25
