2018 Supreme(SC) 37

SUPREME COURT OF INDIA
RANJAN GOGOI, R. BANUMATHI, JJ.
RITI VINOD TIWARI – PETITIONER
VERSUS
VINOD DAMODAR TIWARI – RESPONDENT
TRANSFER PETITION (CIVIL) NO.141 OF 2016
Decided On : 18-01-2018

Headnote:

Transfer Petition - Family Court Jurisdiction - The court allowed the transfer petition, transferring a family court case from one jurisdiction to another, and directed the transferee court to make efforts for amicable settlement or early decision without unnecessary adjournments.

Fact of the Case:

The petitioner expressed grievance with the jurisdiction of the Family Court at Bandra, Mumbai and sought transfer of the case to the Family Court at Allahabad, Uttar Pradesh.

Finding of the Court:

The court found the petitioner's grievance to be valid and accepted the transfer petition, ordering the transfer of the case to the Family Court at Allahabad. The transferee court was directed to make efforts for amicable settlement or early decision without unnecessary adjournments.

Issues: Jurisdictional grievance, transfer of family court case

Ratio Decidendi: The court has the authority to transfer a family court case from one jurisdiction to another if it is satisfied with the grievance expressed by the petitioner.

Final Decision: The transfer petition was allowed, and the case was ordered to be transferred to the Family Court at Allahabad, Uttar Pradesh.