Case Note & Summary
The case involved a transfer petition filed by the petitioner-wife, Babita Srivastava, under Section 25 of the Code of Civil Procedure, 1908, seeking to transfer a divorce petition filed by the respondent-husband, Vinod Srivastava, from the Court of Principal District Judge Family Court at Gurugram, Haryana, to a court of competent jurisdiction at Gwalior, Madhya Pradesh. The petitioner argued that she resided in Gwalior and thus requested the transfer for convenience. The respondent's counsel stated that there was no objection to the transfer. The Supreme Court, considering the considerable distance between Gurugram and Gwalior and the difficulties faced by the petitioner, decided to allow the transfer to facilitate the petitioner's effective defense. The court emphasized the need for both parties to cooperate with the Gwalior court for the expeditious disposal of the case. The petition was allowed and disposed of accordingly.
Headnote
A) Civil Procedure - Transfer of Petition - Jurisdiction and Convenience - Code of Civil Procedure, 1908, Section 25 - The petitioner sought transfer of a divorce petition to Gwalior due to residing there, and the respondent raised no objection. The court considered the distance and the petitioner's ability to defend effectively, directing the transfer to Gwalior for expeditious disposal. Held that the transfer was justified for convenience (Paras 1-2).
Issue of Consideration
Whether the divorce petition should be transferred from Gurugram to Gwalior for the convenience of the petitioner.
Final Decision
The Supreme Court allowed the transfer of the divorce petition from Gurugram to Gwalior, directing that it be transferred to a competent court at Gwalior for expeditious disposal.
Law Points
- Transfer of petition
- jurisdiction
- convenience of parties
