1. Divorce petition under Section 13(1)(i)(a), Hindu Marriage Act — Application for transfer of proceedings from one district court to another. (Para 1 )
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2000 Supreme(SC) 12
2000(2) Supreme 237
SUPREME COURT OF INDIA
Dr. A.S. Anand, CJI., R.C. Lahoti, J.
Ravinder Kaur -Petitioner
versus
Hitinder Singh -Respondent
Transfer Petition (C) No. 459 of 1999
Decided on 3-1-2000
Important Points
The Supreme Court allowed the transfer of a divorce petition filed under the Hindu Marriage Act from the District Court of Chandigarh to the District Court of Delhi, exercising its jurisdiction to transfer matrimonial proceedings for the convenience of the parties.
Subject
Family Law - Matrimonial Transfer Petition
Act Referred
Headnote
Hindu Marriage Act-Section 13(1)(i)(a)-Divorce proceedings-Husband filed petition at Chandigarh - Wife seeking to transfer case to Delhi Court-On facts, Transfer as sought for by wife ordered. (Paras 2 & 4)
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks transfer of matrimonial proceedings to a different jurisdiction; respondent filed counter-affidavit. (Para 1 , 2 )
3. Upon reviewing the transfer petition and counter-affidavit, the court deemed it appropriate to allow the transfer without expressing an opinion on the merits. (Para 2 )
4. Matrimonial proceedings may be transferred to another competent court of jurisdiction based on the appropriateness of the request and supporting affidavits. (Para 2 )
5. Transfer petition allowed — Matrimonial petition transferred to a different jurisdiction with directions for expedited disposal. (Para 2 , 6 )
6. Under what circumstances may a court transfer a matrimonial petition to another jurisdiction?
A court may transfer a matrimonial petition to another competent court of jurisdiction after reviewing the transfer petition, supporting affidavits, and counter-affidavits, provided it appears appropriate to do so, regardless of the merits of the case. (Para 2 )
ORDER
Parties were married on 19th October, 1996. The respondent-husband has filed a Divorce Petition under Section 13(1)(i)(a), Hindu Marriage Act before the learned District Judge, Chandigarh on 22nd July, 1998. Through this petition, the petitioner-wife seeks transfer of the Divorce Petition from Chandigarh to the Competent Court at Delhi.
2. After going through the averments made in the Transfer Petition, which is supported by an affidavit, and the counter affidavit filed by the respondent, but without expressing any opinion on the merits of the case, it appears appropriate to us to allow this petition. We, accordingly, withdraw H.M.A. Petition No. 133/98 titled Shri Hitinder Singh v. Ravinder Kaur, which is pending in the Court of the learned District Judge, Chandigarh and transfer it to the file of the learned District Judge, Delhi who may either try the petition himself or assign it to a Court of competent jurisdiction under him.
3. The learned District Judge, Chandigarh shall send the record of the case to the transferee Court without any delay.
4. The parties through their learned counsel are directed to appear before the learned District Judge, Delhi on 29th January, 2000.
5. The transferee Court shall expeditiously dispose of the Matrimonial Petition.
6. The Transfer Petition is accordingly allowed. No costs.
(C.R.) Transfer petition allowed.
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Parallel Citations of other Journals :
Ravinder Kaur v. Hitiner Singh, 2000(2) Supreme 237 : 2000(1) JT 543 : 2000 (1) HLR 292 : 2000(1) Cur. C.C. 17 : 2000 (1) Marrgi. L.J. 581
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