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SUPREME COURT OF INDIA
KURIAN JOSEPH, A.M. KHANWILKAR, HEMANT GUPTA, JJ.
Manjula Singh Chouhan - Appellant
Versus
Vishal Singh Chouhan - Respondent
Civil Appeal No.11412 of 2018 (Arising Out of SLP (Civil) No.26229 of 2016)
Decided On : 27-11-2018
Transfer - Family Court - The court ordered the transfer of a case from one Family Court to another for the convenience of both parties, directing the Family Court to hear and dispose of all cases pending between the parties expeditiously.
Fact of the Case:
The appellant sought the transfer of a case from the Family Court in Indore to the Family Court in Bhopal, citing the convenience of both parties as a reason.
Finding of the Court:
The court found that it would be in the interests of both parties to have all their cases heard together by the same court, and therefore ordered the transfer of the case to the Family Court in Bhopal. The court also directed the Family Court in Bhopal to expedite the hearing and disposal of all cases pending between the parties.
Issues: Transfer of case between Family Courts
Ratio Decidendi: The court's decision was based on the consideration of the convenience of both parties and the expeditious resolution of all cases pending between them.
Final Decision: The court ordered the transfer of the case from the Family Court in Indore to the Family Court in Bhopal, with a directive for the expeditious hearing and disposal of all cases pending between the parties.
JUDGMENT :
KURIAN JOSEPH, J.
1. Leave granted.
2. This appeal has been filed against the Order dated 21st January, 2016 passed by the High Court of Madhya Pradesh in M.C.C. No.137 of 2016 declining to transfer HMA No.71 of 2016 from the Family Court, Indore to Family Court, Bhopal.
3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal.
4. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court.
5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.
6. We direct the Family Court, Bhopal to try and dispose of all the cases pending between the parties expeditiously preferably within one year.
7. The Civil Appeal is disposed of in the aforesaid terms.
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