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2016 Supreme(SC) 98

SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Vanka Neeraja – Appellant
Vs.
Veerina Sai @ Sairam – Respondent
Civil Appeal No. 123 of 2016 (Arising out of SLP(C) No. 25014 of 2015)
Decided on : 05-01-2016

The central legal point established is the authority of the court to transfer a case to a more appropriate court for matrimonial matters.

Headnote:

Transfer - Matrimonial Case - High Court's Direction to Transfer Case to Family Court

Fact of the Case:

The High Court should have transferred the matrimonial case from one court to another.

Finding of the Court:

The court found that the High Court should have transferred the matrimonial case to the Family Court in a different location.

Issues: Transfer of matrimonial case from one court to another

Ratio Decidendi: The court's decision was influenced by the need to transfer the case to a more appropriate court for matrimonial matters.

Final Decision: The appeal was allowed, and the case was directed to be transferred to the Family Court in a different location.

JUDGMENT :

Anil R. Dave, J.

1. Application for permission to argue and appear as respondent in-person is allowed.

2. Leave granted.

3. Heard the learned counsel for the appellant and the respondent, party in-person.

4. Looking at the facts of the case, we are of the view that the High Court should have transferred the matrimonial case O.P.No.61 of 2014 titled as Veerina Sai @ Sai Ram Vs. Veerina Neeraja from the Court of Senior Civil Judge, Narasapuram, West Godavari District to the Family Court, City Civil Courts, Hyderabad. We, therefore, direct that the case shall be transferred accordingly.

5. With the above directions, the appeal is disposed of as allowed with no order as to costs.

6. Pending application, if any, stands disposed of.

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