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SUPREME COURT OF INDIA
ANIL R. DAVE, L. NAGESWARA RAO, JJ.
Amandeep Goyal - Appellant
Versus
Yogesh Rani - Respondent
Civil Appeal No. 8380 of 2016 (Arising out of SLP(C) No.15945 of 2015)
Decided On : 29-08-2016
Discretion - Transfer of Divorce Petition - The court set aside the transfer order and directed the case to be transferred back to the original court due to the peculiar facts of the case, particularly the husband's care for a child suffering from a malignant disease.
Fact of the Case:
The appellant-husband filed an appeal against the transfer of the Divorce Petition from Sangrur to Bathinda by the High Court.
Finding of the Court:
The court set aside the transfer order and directed the case to be transferred back to the original court due to the peculiar facts of the case, particularly the husband's care for a child suffering from a malignant disease.
Issues: Transfer of Divorce Petition
Ratio Decidendi: The court should use its discretion in favor of the petitioner-husband, especially in cases involving care for a child suffering from a malignant disease.
Final Decision: The appeal is allowed, and the case is directed to be transferred back to the original court with no order as to costs.
JUDGMENT :
Anil R. Dave, J.
1. Heard the learned counsel for the parties.
2. Leave granted.
3. The appellant-huaband has filed the present appeal by way of special leave against the order dated 6.4.2015 passed in T.A. No. 496 of 2013 by the High Court of Punjab and Haryana at Chandigarh, in and by which the High Court transferred the Divorce Petition from Sangrur to Bathinda.
4. Looking at the peculiar facts of the case, more particularly when the husband is taking care of the child who is nine years old and is suffering from malignant disease, in our opinion, the High Court should have used its discretion in favour of the petitioner-husband. We, therefore, set aside the impugned order.
5. The case bearing Regn. No. DMC/314/2015 (Filing No.1256/2015) titled Amandeep Goyal v. Yogesh Rani be transferred from the Court of Additional District Judge, Bathinda, Punjab to the Court of District & Sessions Judge, Sangrur, who may hear the case himself/herself or assign the same to any other court of competent jurisdiction.
6. The appeal is disposed of as allowed with no order as to costs.
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