Back
SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
MAMTA SAHU – Appellant
VERSUS
JAYENDRA SAHU – Respondent
TRANSFER PETITION (CIVIL) NO. 1659 of 2016
Decided on : 03-05-2017
Transfer Petition - Family Court Transfer - The court allowed the transfer petition under Section 25 of the Code of Civil Procedure, considering the difficulty for the petitioner to travel with her young daughter, and ordered the transfer of the case from Family Court, Pune, Maharashtra to Family Court, Bilaspur, Chhattisgarh.
Fact of the Case:
The petitioner filed a transfer petition under Section 25 of the Code of Civil Procedure read with Order XLI of the Supreme Court Rules, 2013, seeking transfer of M.P. No.744 of 2015 from Family Court, Pune, Maharashtra to Family Court, Bilaspur, Chhattisgarh, citing difficulty in traveling with her young daughter.
Finding of the Court:
The court, after hearing the counsel for both parties and considering the circumstances, allowed the transfer petition and ordered the transfer of the case to Family Court, Bilaspur, Chhattisgarh.
Issues: The main issue was the transfer of the case from one Family Court to another based on the petitioner's difficulty in traveling with her young daughter.
Ratio Decidendi: The court's decision was influenced by the difficulty faced by the petitioner in traveling with her young daughter, which was considered under Section 25 of the Code of Civil Procedure.
Final Decision: The transfer petition was allowed, and the case M.P. No.744 of 2015 titled Jayendra Sahu v. Mamta Sahu was ordered to be transferred from Family Court, Pune, Maharashtra to Family Court, Bilaspur, Chhattisgarh.
ORDER :
KURIAN, J.
We have heard learned counsel for the petitioner and respondent in-person.
2. The petitioner is also present in person.
3. Having heard the learned counsel for the petitioner and respondent in-person and gone through this transfer petition filed by the petitioner under Section 25 of the Code of Civil Procedure read with Order XLI of the Supreme Court Rules, 2013 and considering the facts and circumstances of the case especially the fact that the petitioner has a daughter of three years old and it will be difficult for her to travel to Pune along with her daughter, we deem it fit and proper to transfer M.P. No.744 of 2015 titled Jayendra Sahu v. Mamta Sahu from Family Court, Pune, Maharashtra to Family Court, Bilaspur, Chhattisgarh.
4. We order accordingly.
5. The transfer petition is, accordingly, allowed.
6. The Registry is directed to immediately transmit a copy of this order to both the Courts.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
