Case Note & Summary
The applicant, Smt. Poonam Manish Lath, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Marriage Petition No. 25 of 2016 from the Court of Civil Judge, Senior Division, Kalyan, District Thane, to the Family Court, Thane. The marriage between the applicant and the respondent was solemnized on 13th May 2013. The applicant resides with her parents at Bhayandar (West), Thane, while the respondent resides at Ulhasnagar, District Thane. The respondent raised a preliminary objection regarding the jurisdiction of the High Court to entertain the application, arguing that under Section 24(3) CPC, the application should have been filed before the District Court, Kalyan, since the Civil Judge's court is subordinate to the District Court. The applicant's counsel contended that both the High Court and the District Court have concurrent jurisdiction to transfer proceedings from subordinate courts, and the applicant could directly approach the High Court. The High Court examined Section 24 CPC and held that both the High Court and the District Court have concurrent powers to withdraw and transfer proceedings from subordinate courts. The High Court, being a superior court, can directly entertain such an application. The objection was rejected as misconceived. On merits, the applicant, a housewife without independent income, submitted that she had filed an execution application at Thane, and the respondent had filed an application for condonation of delay in an appeal at Thane. The High Court allowed the transfer, noting the applicant's lack of income and the pendency of other proceedings at Thane, to avoid inconvenience and multiplicity of litigation. The court directed that Marriage Petition No. 25 of 2016 be transferred from the Court of Civil Judge, Senior Division, Kalyan to the Family Court, Thane, and be heard along with other proceedings between the parties pending at Thane.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Concurrent Jurisdiction of High Court and District Court - The applicant sought transfer of Marriage Petition No. 25 of 2016 from the Court of Civil Judge, Senior Division, Kalyan to the Family Court, Thane. The respondent raised a preliminary objection that the application should have been filed before the District Court, Kalyan, as the Civil Judge's court is subordinate to the District Court. The High Court held that both the High Court and the District Court have concurrent jurisdiction under Section 24 CPC to transfer proceedings from subordinate courts. The High Court, being a superior court, can directly entertain such an application and transfer the proceedings. The objection was rejected. (Paras 3-6) B) Family Law - Transfer of Matrimonial Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Convenience of Wife - The applicant, a housewife without independent income, sought transfer of the marriage petition filed by the respondent from Kalyan to Thane, where she resides with her parents and where other related proceedings (execution and appeal) are pending. The High Court allowed the transfer, noting the applicant's lack of income and the pendency of other proceedings at Thane, to avoid multiplicity and inconvenience. (Paras 7-8)
Issue of Consideration
Whether the High Court has jurisdiction to entertain an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of proceedings from the Court of Civil Judge, Senior Division, Kalyan to the Family Court, Thane, or whether such application must first be filed before the District Court, Kalyan.
Final Decision
The High Court rejected the preliminary objection raised by the respondent and allowed the application. Marriage Petition No. 25 of 2016 pending before the Court of Civil Judge, Senior Division, Kalyan, District Thane was ordered to be transferred to the Family Court, Thane, to be heard along with other proceedings between the parties pending at Thane.
Law Points
- Section 24 of the Code of Civil Procedure
- 1908 confers concurrent jurisdiction on the High Court and District Court to transfer proceedings from subordinate courts
- a party may directly approach the High Court without first filing before the District Court
- the High Court
- being a superior court
- can withdraw and transfer proceedings pending before a Civil Judge
- Senior Division
- to a Family Court.
