Case Note & Summary
The Supreme Court of India addressed a transfer petition filed by Minal Shardul Shah seeking the transfer of a case under the Hindu Marriage Act, 1955 from the Family Court at Ahmedabad, Gujarat to the Family Court at Nashik, Maharashtra. The case in question was H.M.P. No. 2487 of 2019, titled 'Shardul Narendra Shah vs. Minal Shardul Shah'. During the hearing, the respondent, Shardul Narendra Shah, expressed no objection to the transfer of the proceedings. Consequently, the Supreme Court allowed the transfer, directing the Family Court at Ahmedabad to send all relevant records to the Nashik Court immediately. The transferee Court was instructed to resolve the case as quickly as possible. The Registry was also directed to ensure that both courts received a copy of the order for compliance. The petition was thus allowed, facilitating the transfer of jurisdiction for the ongoing family matter.
Headnote
A) Family Law - Transfer of Petition - Jurisdictional Transfer - Hindu Marriage Act, 1955, Section 13 - The court allowed the transfer of a petition filed under the Hindu Marriage Act from one Family Court to another based on the respondent's lack of objection. The Family Court at Ahmedabad was directed to transmit the entire record to the transferee Court at Nashik for expeditious resolution of the case (Paras 1-2).
Issue of Consideration
Whether the petition for transfer of the Family Court case should be allowed.
Final Decision
The Supreme Court allowed the transfer of the Family Court case from Ahmedabad to Nashik, directing the immediate transmission of records and expeditious resolution by the transferee Court.
Law Points
- Transfer of petition
- Family Court jurisdiction
- Hindu Marriage Act
- 1955
