Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by the petitioner-wife, Shakun Srivastava, seeking the transfer of a petition filed under Section 9 of the Hindu Marriage Act, 1956 by the respondent-husband, Prem Prakash Srivastava, from the Family Court in Gorakhpur, Uttar Pradesh to the Family Court in Bhopal, Madhya Pradesh. The court noted that notice was issued on 14.11.2018, and the proceedings in the original petition were stayed. The respondent was served as recorded on 06.01.2020, but there was no appearance on his behalf during subsequent hearings on 04.06.2020 and 18.06.2020. The court observed that the respondent had not opposed the transfer petition despite being aware of it through related proceedings under Section 125 of the Code of Criminal Procedure, 1973 initiated by the petitioner. Considering these circumstances, the court concluded that the transfer request was justified. Consequently, the court ordered the transfer of the pending petition H.M.A. No.493 of 2018 to the Family Court in Bhopal and directed the Gorakhpur court to send the entire record immediately. The transferee court was instructed to expedite the case and resolve it by 31.12.2022. The transfer petition was allowed.
Headnote
A) Family Law - Transfer of Proceedings - Justification for Transfer - Hindu Marriage Act, 1956, Section 9 - The petitioner sought transfer of proceedings from Gorakhpur to Bhopal due to the absence of the respondent and the need for convenience. The court found the request justified and allowed the transfer, directing the Gorakhpur court to transmit records immediately (Paras 1-2).
Issue of Consideration
Whether the transfer of the petition under Section 9 of the Hindu Marriage Act, 1956 from Gorakhpur to Bhopal is justified.
Final Decision
The Supreme Court allowed the transfer of the petition H.M.A. No.493 of 2018 from Gorakhpur to Bhopal, directing the Gorakhpur court to transmit records immediately and the Bhopal court to decide the case expeditiously by 31.12.2022.
Law Points
- Transfer of proceedings
- Family Court jurisdiction
- Hindu Marriage Act
- 1956
- Code of Criminal Procedure
- 1973
