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SUPREME COURT OF INDIA
N.V. Ramana, Mohan M Shantanagoudar, JJ.
Priya Venkatachalam - Appellant
Versus
Nurani Venkatkrishnan Venkatachalam - Respondent
Transfer Petition (Civil) No. 50 of 2018
Decided On : 15-01-2019
Transfer Petition - Family Court Transfer - The court allowed the transfer petition under Section 25 of the Code of Civil Procedure, transferring the case from the Family Court at Secunderabad, Telangana to the Family Court at Bandra, Mumbai, Maharashtra.
Fact of the Case:
The petitioner, wife, filed a transfer petition under Section 25 of the Code of Civil Procedure to transfer a case pending in the Family Court at Secunderabad, Telangana to the Family Court at Bandra, Mumbai, Maharashtra.
Finding of the Court:
The court, after hearing the counsel for both parties and considering the facts and circumstances, deemed it expedient to transfer the case to the Family Court at Bandra, Mumbai, Maharashtra. The Family Court at Secunderabad, Telangana was ordered to transmit the case record to the Family Court at Bandra, Mumbai, Maharashtra. The parties were also given the liberty to request mediation before the Family Court at Bandra, Mumbai, Maharashtra.
Issues: Transfer of case from one Family Court to another under Section 25 of the Code of Civil Procedure.
Ratio Decidendi: The court's decision was influenced by the satisfaction with the averments made in the petition and the expedience of transferring the case to the Family Court at Bandra, Mumbai, Maharashtra.
Final Decision: The transfer petition was allowed, and the case was transferred from the Family Court at Secunderabad, Telangana to the Family Court at Bandra, Mumbai, Maharashtra.
ORDER
1. This transfer petition under Section 25 of the Code of Civil Procedure has been filed by the petitioner - wife for transfer of O.P. No. 670 of 2017 titled as Nurani Venkatkrishnan Venkatachalam versus Priya Venkatachalam, pending in the Family Court at Secunderabad, Telangana to the Family Court at Bandra, Mumbai, Maharashtra.
2. We have heard learned counsel for the petitioner - wife as well as learned counsel for the respondent - husband.
3. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, we are satisfied with the averments made in this petition and deem it expedient to transfer the aforesaid case to the Family Court at Bandra, Mumbai, Maharashtra. Ordered accordingly.
4. The Family Court at Secunderabad, Telangana shall forthwith transmit the record of O.P. No. 670 of 2017 titled as Nurani Venkatkrishnan Venkatachalam versus Priya Venkatachalam to the Family Court at Bandra, Mumbai, Maharashtra.
5. The parties are at liberty to make a request for mediation before the Family Court at Bandra, Mumbai, Maharashtra.
6. The transfer petition is, accordingly, allowed.
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