1. Transfer petition — Divorce proceeding — Request to transfer matrimonial case from one district court to another. (Para 4 )
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2000 Supreme(SC) 6
2001(3) Supreme 551.1
SUPREME COURT OF INDIA
Dr. A.S. Anand, CJI., R.C. Lahoti, J.
Renu Gautam -Petitioner
versus
Vinod Gautam -Respondent
Transfer Petition (C) No. 820 of 1999
Decided on 3-1-2000
Important Points
The Supreme Court exercised its jurisdiction to transfer a matrimonial divorce petition from the Court of the Additional District Judge, Faridabad, to the District Judge, Delhi, based on the peculiar facts and circumstances of the case.
Subject
Family Law - Transfer Petition
Act Referred
Headnote
Civil Procedure Code, 1908-Section 25-Divorce petition by husband pending before Court at Faridabad-Transfer petition by wife-Without going into allegations made in Transfer Petition and rebuttal in counter, divorce petition ordered to be transferred to the Court of Distt. Judge Delhi. (Para 4)
Legal Category Hierarchy
Table of Contents
2. Contentions regarding the transfer of a matrimonial petition and the rebuttal provided in the counter affidavit. (Para 3 )
3. The court found it appropriate to allow the transfer petition based on the peculiar facts and circumstances of the case. (Para 3 )
4. Matrimonial petitions may be transferred between courts based on the peculiar facts and circumstances of the case. (Para 3 )
5. Transfer petition allowed — Matrimonial petition transferred from the court of the Additional District Judge to the District Judge. (Para 4 , 5 , 6 , 7 , 8 )
6. Can a court transfer a matrimonial petition without detailed analysis of the allegations?
Yes, a court may allow a transfer petition based on the peculiar facts and circumstances of the case without delving into the specific allegations and rebuttals. (Para 3 )
ORDER
The respondent is present in person. Counter has also been filed.
2. Heard.
3. Without going into the allegations made in the Transfer Petition and the rebuttal thereof made in the counter affidavit, in the peculiar facts and circumstances of this case, it appears appropriate to us to allow this Petition.
4. We accordingly, withdraw Divorce Petition filed by the respondent being H.M.A. No.22 of 1995 titled Vinod Kumar Gautam v. Renu Gautam, which is pending in the Court of the learned Additional District Judge Faridabad from that court 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.
5. The learned Additional District Judge, Faridabad shall send the record of the case to the transferee Court without any delay.
6. The petitioner through her learned counsel and the respondent, who is present in person, are directed to appear before the learned District Judge, Delhi on 22nd January, 2000.
7. The transferee Court shall expeditiously dispose of the Matrimonial Petition.
8. The Transfer Petition is, accordingly, allowed. No costs.
Petition allowed.
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Parallel Citations of other Journals :
Renu Gautam v. Vinod Gautam, 2001(3) Supreme 551.
