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2019 Supreme(SC) 1702
SUPREME COURT OF INDIA
Mohan M Shantanagoudar, Deepak Gupta, JJ.
Sushmita Pathak - Appellant
Versus
Krishna Murari Pathak & Ors. - Respondents
Transfer Petition (Civil) No. 1941 of 2017
Decided On : 10-01-2019
Ajit Kr Singh, Adv., Rashmi Singhania, Adv., Lakshmi Singh, Adv., Karan Singh Bhati, Adv., Tanuja M, Adv., Ajit Kumar Thakur, Adv., B. Janaki Ram, Adv., Kausik Sankara, Adv., Raj Kishor Choudhary, Adv.
The court has the authority to transfer cases from one court to another under the provisions of Section 25 of the Civil Procedure Code, 1908 read with Order XLI of the Supreme Court Rules, 2013.
Headnote:
Transfer Petition - Guardianship Case - The court allowed the transfer petition under Section 25 of the Civil Procedure Code, 1908 read with Order XLI of the Supreme Court Rules, 2013, and directed the transfer of the guardianship case from the Court of Additional Principal Judge, Family Court, Patna in Bihar to the District Court of Faridabad in Haryana.
Fact of the Case:
The petitioner (wife) filed a petition for the transfer of Guardianship Case No.17/2017 from the Court of Additional Principal Judge, Family Court, Patna in Bihar to the District Court of Faridabad in Haryana.
Finding of the Court:
The court, after hearing the counsel and considering the grounds in the transfer petition, directed the transfer of the guardianship case to the District Court of Faridabad in Haryana.
Issues:
Ratio Decidendi: The court's decision was based on the provisions of Section 25 of the Civil Procedure Code, 1908 read with Order XLI of the Supreme Court Rules, 2013, which allow for the transfer of cases from one court to another.
Final Decision: The Transfer Petition was allowed, and the guardianship case was directed to be transferred to the District Court of Faridabad in Haryana.
ORDER
1. 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 Guardianship Case No.17/2017 titled as "Krishna Murari Pathak vs. Sushmita Pathak & Others" pending before the Court of Additional Principal Judge, Family Court, Patna in Bihar to the District Court of Faridabad in Haryana.
2. 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 Guardianship Case No.17/2017 titled as "Krishna Murari Pathak vs. Sushmita Pathak & Others" pending before the Court of Additional Principal Judge, Family Court, Patna in Bihar to the District Court of Faridabad in Haryana.
3. Let the record of the case be transferred without delay.
4. The Transfer Petition is allowed in the afore-stated terms.
