Case Note & Summary
The dispute involved a transfer petition filed by the petitioner-wife, Saloni Agrawal, seeking the transfer of a matrimonial case initiated by the respondent-husband, Surbhit Mittal, from the Family Court in Lucknow, Uttar Pradesh to the Family Court in Surat, Gujarat. The Supreme Court issued a notice on 27.09.2021 and granted an interim order to stay further proceedings in Lucknow pending the decision on the transfer. The respondent was served with the notice but did not appear in court. After considering the facts and circumstances, the court deemed it appropriate to allow the transfer petition. Consequently, the matrimonial case No.920 of 2021 was ordered to be transferred to the Family Court in Surat, with directions for the Lucknow court to transmit the entire record immediately. The Registry was instructed to send copies of the order to both courts for compliance. The decision was made on September 5, 2022.
Headnote
A) Family Law - Transfer of Matrimonial Case - Jurisdictional Transfer - Transfer Petition (Civil) No.1349 of 2021 - The petitioner sought transfer of a matrimonial case from Lucknow to Surat for convenience. The court found it appropriate to allow the transfer, ensuring the case proceeds in a more suitable jurisdiction (Paras 1-2).
Issue of Consideration
Whether the transfer of the matrimonial case from Lucknow to Surat should be allowed.
Final Decision
The Supreme Court allowed the transfer petition, transferring the matrimonial case from the Family Court at Lucknow to the Family Court at Surat and directed the Lucknow court to transmit the entire record immediately.
Law Points
- Transfer of matrimonial case
- jurisdiction of family courts
- interim orders
