Case Note & Summary
The Supreme Court of India, in a civil original jurisdiction, heard a transfer petition filed by Pranjal Komal Patil seeking transfer of matrimonial proceedings from the Court of 3rd Jt. Civil Judge, Senior Division, Bhusawal, Maharashtra to the Patiala House District Court, New Delhi. The respondent was Komal Dhansingh Patil. After hearing both sides and perusing the record, the Court found the request justified and allowed the transfer. The petition bearing H.M.P. No. 114 of 2020, titled 'Komal Dhansingh Patil v. Pranjal Komal Patil', was ordered to be transferred to the Presiding Officer, Family Courts, Patiala House Courts, New Delhi, who would either hear the case or assign it to a competent court. The Family Court at Bhusawal was directed to transmit the entire record immediately, and the transferee court was to decide the case expeditiously, preferably within two years. To avoid delay, parties were directed to appear before the Presiding Officer on 24th January 2022. The transfer petition was allowed in the above terms.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 CPC - Transfer of Petition - The petitioner sought transfer of H.M.P. No. 114 of 2020 from Bhusawal, Maharashtra to New Delhi on grounds of convenience - The Supreme Court allowed the transfer, directing the Family Court at Bhusawal to transmit records and the transferee court to decide the case within two years - Held that the request for transfer was justified (Paras 1-2).
Issue of Consideration
Whether the matrimonial petition pending in Bhusawal, Maharashtra should be transferred to Patiala House District Court, New Delhi.
Final Decision
Transfer petition allowed. H.M.P. No. 114 of 2020 transferred from Court of 3rd Jt. Civil Judge, Senior Division, Bhusawal, Maharashtra to Presiding Officer, Family Courts, Patiala House Courts, New Delhi. Family Court at Bhusawal to transmit records immediately. Transferee court to decide case within two years. Parties to appear on 24th January 2022.
Law Points
- Transfer of proceedings
- matrimonial jurisdiction
- convenience of parties
- expeditious disposal
