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2019 Supreme(SC) 1685
SUPREME COURT OF INDIA
N.V. Ramana, Mohan M Shantanagoudar, JJ.
Ritu Jain - Appellant
Versus
Ravi Jain - Respondent
Transfer Petition (Civil) No. 105 of 2018
Decided On : 08-01-2019
Puneet Khurana, Adv., Sachit S, Adv., Bimlesh Kumar Singh, Adv., Sanjay Parikh, Adv., Anitha Shenoy, Adv., Srishti Agnihotri, Adv., Sanjana Srikumar, Adv.
The court has the discretion under Section 25 of the Civil Procedure Code, 1908 to allow the transfer of a case from one court to another based on the grounds presented in the transfer petition.
Headnote:
Transfer Petition - Civil Procedure Code - The court allowed the transfer petition under Section 25 of the Civil Procedure Code, 1908, and directed the transfer of the case from one family court to another based on the grounds presented in the petition.
Fact of the Case:
The petitioner filed a petition for the transfer of a case from one family court to another, citing grounds for the transfer.
Finding of the Court:
The court found merit in the grounds presented in the transfer petition and allowed the transfer of the case to the concerned Family Court in Mumbai.
Issues: Transfer of case under Section 25 of the Civil Procedure Code, 1908
Ratio Decidendi: The court considered the grounds presented in the transfer petition and exercised its discretion under Section 25 of the Civil Procedure Code, 1908 to allow the transfer of the case to another family court.
Final Decision: The Transfer Petition was allowed, and the case was directed to be transferred to the concerned Family Court in Mumbai without delay.
ORDER
1. On the joint prayer made by the learned counsel for the parties, pursuant to Order dated 20-3-2018, we directed the parties to appear before the Supreme Court Mediation Centre on 9th April, 2018 at 11.00 a.m.
2. As per Mediation Report dated 11-7-2018, there was no possibility of any settlement and hence the mediation failed.
3. This petition under Section 25 of the Civil Procedure Code, 1908 read with Order XLI of the Supreme Court Rules, 2013 has been filed by the petitioner (wife) for transfer of H.M.A. Petition No.5815 of 2017 titled as "Ravi Jain vs. Ritu Jain" pending before the Court of District Judge, Family Court at Gurgaon to the concerned Family Court, Bandra-Kurla Complex, Mumbai, Maharashtra.
4. After having heard the learned counsel appearing for the parties and taking into consideration the grounds taken in the transfer petition, we direct transfer of H.M.A. Petition No.5815 of 2017 titled as "Ravi Jain vs. Ritu Jain" pending before the Court of District Judge, Family Court at Gurgaon to the concerned Family Court, Bandra-Kurla Complex, Mumbai, Maharashtra.
5. Let the record of the case be transferred without delay.
6. The Transfer Petition is allowed in the afore-stated terms.
