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SUPREME COURT OF INDIA
KURIAN JOSEPH, SHIVA KIRTI SINGH, JJ.
Akta Juneja - Petitioner
Versus
Sanjeev Kumar Juneja - Respondent
Transfer Petition (C) No. 1172 of 2015
Decided On : 17-08-2016
Transfer Petition - Family Law - The court allowed the transfer petition for the case titled Sanjeev Kumar Juneja Vs. Akta Juneja from the Court of DJFC, Gurgaon, Haryana to the Family Court, Saket, Delhi. The court emphasized the need for cooperation between the parties regarding visitation rights for the minor child and made it a condition for the transfer.
Fact of the Case:
The transfer petition was filed under section 25 of CPC for the transfer of a case titled Sanjeev Kumar Juneja Vs. Akta Juneja from the Court of DJFC, Gurgaon, Haryana to the Family Court, Saket, Delhi. Both parties were present, and the respondent-husband expressed grievances about baseless allegations and lack of cooperation in visitation rights for the child.
Finding of the Court:
The court allowed the transfer petition and emphasized the need for cooperation between the parties regarding visitation rights for the minor child. It made it a condition for the transfer that the petitioner shall cooperate with the order for taking the minor child every Sunday for three hours, and the respondent shall ensure proper care and company of the child during the visitation.
Issues: Transfer of case under section 25 of CPC, cooperation in visitation rights for the minor child.
Ratio Decidendi: The court's decision was influenced by the need to ensure proper visitation rights for the minor child and the cooperation of both parties in this regard.
Final Decision: The Transfer Petition was disposed of with the condition that the petitioner shall cooperate with the order for visitation rights, and the respondent shall ensure proper care and company of the child during the visitation.
JUDGMENT :
Kurian, J.
1. This is a transfer petition filed under section 25 of CPC for transfer of HMA No. 268/2015 titled Sanjeev Kumar Juneja Vs. Akta Juneja from the Court of DJFC, Gurgaon, Haryana to the Family Court, Saket, Delhi.
2. Both parties are present today.
3. The respondent-husband fairly submits that he is not actually against the transfer but he is aggrieved by the allegations levelled against him in the petition which are wholly baseless. He also submits that the petitioner is not cooperating with the visitation rights given to the respondent for the child `Shubhan’.
4. The petitioner submits that she has no objection if the respondent-father takes the child as per the order of the Court on every Sunday for three hours. She is only worried that the child is not getting proper attention.
5. The respondent-father assures that he will take proper care of the child. Therefore, while allowing this transfer petition, it is made clear that petitioner shall cooperate with the order for taking the minor child every Sunday for three hours. The respondent, in turn, shall ensure that he would take the child from the residence of the petitioner and after three hours he will drop back the child at the residence of the petitioner. He also assures that he will always be in the company of the child.
6. The Transfer Petition is disposed of with the above observations.
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