Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by the petitioner-wife, Jyoti Jaiswal, under Section 25 of the Code of Civil Procedure, 1908. The petition sought the transfer of Divorce Petition No. 10/2017, which was filed by the respondent-husband, Neeraj Kumar Gupta, in the Court of the Additional District & Sessions Judge, Lalsot, District Dausa, Rajasthan, to a competent court in Ghazipur, Uttar Pradesh. The court heard arguments from both sides and reviewed the records. It concluded that the circumstances justified the transfer of the proceedings to facilitate a more convenient and timely resolution of the divorce case. Consequently, the court ordered the transfer of the divorce petition to Ghazipur and directed the Additional District and Sessions Court in Rajasthan to send the entire case record to the transferee court immediately. The transferee court was instructed to expedite the decision on the case. The order was to be communicated to both courts via email for compliance. The transfer petition was allowed in the terms stated.
Headnote
A) Civil Procedure - Transfer of Proceedings - Justification for Transfer - Code of Civil Procedure, 1908, Section 25 - The petitioner-wife sought transfer of a divorce petition filed by the husband from Rajasthan to Ghazipur, UP. The court found the request justified based on the facts and circumstances presented, allowing the transfer for convenience and expeditious resolution of the case. Held that the transfer was warranted (Paras Not mentioned).
Issue of Consideration
Whether the transfer of Divorce Petition No. 10/2017 from Rajasthan to Ghazipur is justified.
Final Decision
The Supreme Court allowed the transfer of Divorce Petition No. 10/2017 from the Court of Ld. Additional District & Sessions Judge, Lalsot, District Dausa, Rajasthan to the competent Court at Ghazipur, UP. The court directed the immediate transmission of the case record and instructed the transferee court to expedite the decision.
Law Points
- Transfer of proceedings
- Divorce petition
- Jurisdiction
- Code of Civil Procedure
- 1908
