Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by the petitioner-wife seeking the transfer of a family court petition from Gurugram, Haryana to Arwal, Bihar. The petition was necessitated due to the respondent-husband's filing of H.M.A. No.878 of 2020 in Gurugram. On 27.09.2021, the Supreme Court issued a notice and an interim order that stayed further proceedings in Gurugram. The respondent did not appear in court despite being served notice. After hearing the counsel for the petitioner and reviewing the records, the court found it appropriate to allow the transfer petition. Consequently, the court ordered the transfer of the petition to the Family Court in Arwal and directed the Gurugram court to send all relevant records to the new jurisdiction. The order was to be complied with immediately by both courts.
Headnote
A) Family Law - Transfer of Petition - Jurisdictional Transfer - Transfer Petition (Civil) No.1418 of 2021 - Court allowed the transfer of a family court petition from Gurugram to Arwal considering the circumstances of the case and the absence of the respondent. The court directed the Family Court at Gurugram to transmit the entire record to the transferee court immediately (Paras 1-2).
Issue of Consideration
Whether the transfer of the petition from Gurugram to Arwal should be allowed.
Final Decision
The Supreme Court allowed the transfer of the family court petition from Gurugram to Arwal and directed the Gurugram court to send all records to the transferee court immediately.
Law Points
- Transfer of petition
- Family Court jurisdiction
- Interim order
- Notice service
