Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by the petitioner-wife seeking the transfer of proceedings initiated by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955. The proceedings were originally filed in the Family Court at Nashik Road, Nashik, Maharashtra. On 27.09.2021, the Supreme Court issued a notice and an interim order to stay further proceedings in the Nashik Family Court. After hearing the counsel for both parties and reviewing the records, the court deemed it appropriate to allow the transfer petition. Consequently, the ongoing proceedings were ordered to be transferred to the Family Court at Dwarka, New Delhi. The court also directed the Family Court at Dwarka to explore the possibility of settlement through mediation and instructed the Nashik court to transmit all records to the transferee court immediately. The order was to be communicated to both courts for compliance, thereby allowing the transfer petition.
Headnote
A) Family Law - Transfer of Proceedings - Jurisdictional Transfer - Hindu Marriage Act, 1955, Section 9 - The petitioner-wife sought transfer of proceedings from Nashik to New Delhi for convenience and mediation. The court found it appropriate to allow the transfer and directed the Family Court at Dwarka to explore mediation between the parties (Paras 1-2).
Issue of Consideration
Whether the transfer of proceedings under Section 9 of the Hindu Marriage Act, 1955 should be allowed.
Final Decision
The Supreme Court allowed the transfer petition, transferring the proceedings from the Family Court at Nashik to the Family Court at Dwarka, New Delhi, and directed the latter to explore mediation between the parties.
Law Points
- Transfer of proceedings
- mediation
- Hindu Marriage Act
- jurisdiction
