Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by the petitioner-wife, Surbhi Goyal (Agrawal), seeking the transfer of a divorce petition initiated by the respondent-husband, Ashutosh Banka, from the Family Court in Kushinagar Padrauna, Uttar Pradesh to the Family Court in Samastipur, Bihar. The petition was filed under Transfer Petition (Civil) No.1505 of 2021. On 27th September 2021, the court issued a notice and an interim order that stayed further proceedings in the Family Court at Kushinagar. After hearing the counsel for both parties and reviewing the records, the court found it appropriate to allow the transfer petition. Consequently, the divorce petition, numbered 656 of 2020, was ordered to be transferred to the Family Court in Samastipur. The court directed the Family Court at Kushinagar to send the entire record to the transferee court immediately and scheduled the parties to appear before the Family Court in Samastipur on 12th September 2022. The court also mentioned that any request for mediation would be considered by the concerned court. The order was signed by the Chief Justice and another judge, and it was dated 5th September 2022.
Headnote
A) Family Law - Transfer of Divorce Petition - Jurisdictional Transfer - Transfer Petition (Civil) No.1505 of 2021 - The petitioner sought the transfer of a divorce petition from Kushinagar, Uttar Pradesh to Samastipur, Bihar, which was deemed appropriate by the court. The court allowed the transfer and directed the Family Court at Kushinagar to transmit the records to the transferee court. Held that the transfer was justified under the circumstances (Paras 1-2).
Issue of Consideration
Whether the transfer of the Divorce Petition from one Family Court to another is warranted.
Final Decision
The Supreme Court allowed the transfer of the divorce petition from the Family Court at Kushinagar to the Family Court at Samastipur and directed the immediate transmission of records.
Law Points
- Transfer of petition
- Family Court jurisdiction
- Interim order
- Divorce proceedings
