Case Note & Summary
The case involved two transfer petitions filed by the petitioner, Dr. Seema Sikka, seeking the transfer of family court proceedings from Gautam Budh Nagar, Uttar Pradesh, to the Family Courts at Karkardooma Complex, Delhi. The respondent, Dr. Pranav Sikka, had initiated a Guardian Petition and a Restitution Petition in Uttar Pradesh. The Supreme Court issued notice on the transfer petitions on 27.09.2021 and heard the arguments from both parties. It was noted that the proceedings in Meerut had been withdrawn by the respondent. After considering the facts, the Court concluded that there was no sufficient reason to transfer the cases to Delhi. Instead, the Court directed the Family Court in Gautam Budh Nagar to consider any requests for mediation to facilitate a negotiated settlement between the parties. The parties were instructed to appear before the concerned Court on 12.09.2022, and the transfer petitions were disposed of with these observations.
Headnote
A) Family Law - Transfer of Proceedings - Jurisdiction of Family Courts - Transfer of petitions from one Family Court to another - Transfer petitions were filed by the petitioner seeking transfer of proceedings from Gautam Budh Nagar, Uttar Pradesh to Delhi - Court found no case for transfer and directed referral to mediation instead - Held that the Family Court at Gautam Budh Nagar should consider mediation for settlement (Paras 1-2).
Issue of Consideration
Whether the transfer of family court petitions from Uttar Pradesh to Delhi should be granted.
Final Decision
The Supreme Court dismissed the transfer petitions, finding no sufficient grounds for the transfer of proceedings from Gautam Budh Nagar to Delhi. The Court directed the Family Court at Gautam Budh Nagar to consider mediation for a negotiated settlement between the parties.
Law Points
- Transfer of petitions
- Mediation referral
- Family Court jurisdiction
