Case Note & Summary
The case involved a transfer petition filed by the petitioner-wife, Mamta, under Section 25 of the Code of Civil Procedure, 1908, seeking the transfer of her divorce case from Sirohi, Rajasthan to Gandhinagar, Gujarat. The divorce case, titled 'Shri Kailash Chand Agrawal Vs. Smt. Mamta', was pending in the Court of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan. The petitioner argued that the distance of approximately 237 km made it impractical for her to travel to Sirohi for court proceedings. Despite notice being served to the respondent, Kailash Chand Agrawal, there was no representation on his behalf. The court, after considering the facts and hearing the petitioner's counsel, determined that transferring the case was just and appropriate given the circumstances. Consequently, the court ordered the transfer of the divorce case to the Court of the Additional Civil Judge & JMFC, Gandhinagar, Gujarat, allowing the petition in the terms sought.
Headnote
A) Family Law - Transfer of Divorce Case - Convenience of Parties - Code of Civil Procedure, 1908, Section 25 - The petitioner sought transfer of a divorce case from Sirohi to Gandhinagar due to the distance and difficulty in attending court. The court found it just and appropriate to allow the transfer for the convenience of the petitioner. Held that the transfer was warranted under the circumstances (Paras 1-2).
Issue of Consideration
Whether the divorce case should be transferred from Sirohi, Rajasthan to Gandhinagar, Gujarat for the convenience of the petitioner.
Final Decision
The Supreme Court allowed the transfer of Divorce Case No. 94 of 2018 from Sirohi, Rajasthan to Gandhinagar, Gujarat, citing the convenience of the petitioner as the primary reason.
Law Points
- Transfer of cases
- convenience of parties
- jurisdictional issues
