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1999 Supreme(SC) 1479
SUPREME COURT OF INDIA
VINAY PANDEY
Vs.
Roshan Kumar Tiwari
Decided on December 10, 1999
The court has the discretion to transfer cases to a different jurisdiction for expeditious disposal, considering the circumstances of the case.
Headnote:
Transfer - Matrimonial Case - The court allowed the transfer of a matrimonial case and a petition for maintenance from Gorakhpur to New Delhi, considering the pending criminal cases and the petitioner's residence in Delhi.
Fact of the Case:
The parties were married but their relations became strained. The petitioner filed an FIR and a petition for maintenance, both pending in Delhi. The petitioner is living in Delhi with her parents.
Finding of the Court:
The court decided to transfer the matrimonial case and the petition for maintenance from Gorakhpur to New Delhi, and directed the parties to appear before the Family court at New Delhi.
Issues: Transfer of matrimonial case and petition for maintenance from one jurisdiction to another.
Ratio Decidendi: Considering the pending criminal cases and the petitioner's residence in Delhi, the court found it appropriate to transfer the cases to New Delhi for expeditious disposal.
Final Decision: The transfer petition was allowed, and the cases were transferred to the Family court at New Delhi for disposal.
( 1 ) THIS is an application seeking transfer of Matrimonial, case No. 255 of 1997 filed by the respondent under Section 9 of the Hindu Marriage Act, titled Roshan kumar Tiwari v. Vinay Pandey and anr. and pending before the Family court at Gorakhpur.
( 2 ) IT appears that the parties were married on 2/6/1996 but thereafter the relations between the parties became strained. The petitioner, apart from filing an FIR at Police station Bhajanpura on 25/06/1997, under Sections 406/498 Indian Penal Code, has also filed a petition under Section 125 Criminal Procedure Code. claiming maintenance from the respondent. That application was filed on 1/9/1997 and is pending before the Additional chief Metropolitan Magistrate, Delhi. It is stated that the petitioner is also living in Delhi with her parents.
( 3 ) AFTER hearing learned counsel for the parties and keeping in view the fact that the two other cases, one under Section 125 cr. P. C. and the criminal case arising out of FIR No. 420 of 1997 are pending in Delhi, it appears appropriate to us to withdraw matrimonial Case No. 255 of 1997, titled roshan Kumar Tiwari v. Smt. Vinay pandey and Anr. from Family court at gorakhpur and transfer the same for its disposal in accordance with law to the family court at New Delhi. We make an order accordingly. The learned Presiding officer of the Family court at Gorakhpur shall send the record of the case to the transferee court without delay.
( 4 ) IT would be appropriate that the petition filed by the petitioner under Section 125 Cr,p. C. , which is pending before the Additional Chief Metropolitan magistrate, Delhi be also tried by the family court at New Delhi. We withdraw that petition titled Smt. Vinay pandey v. Roshan Tiwari under Section 125 Criminal Procedure Code. from the court of the learned Additional Chief Metropolitan magistrate, Delhi, and transfer the same to the Family court at New Delhi for its disposal.
( 5 ) THE transferee court shall dispose of both the matters expeditiously.
( 6 ) IT is clarified that this order shall not come in the way of the parties to arrive at any amicable settlement before the family court at New Delhi.
( 7 ) LEARNED Counsel for the parties shall cause their respective clients to put in appearance before the Family court at new Delhi on 5. 2. 2000.
( 8 ) THE transfer petition is accordingly allowed. No costs.
