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2019 Supreme(SC) 1740
SUPREME COURT OF INDIA
Mohan M Shantanagoudar, Deepak Gupta, JJ.
Chitra Dutt - Appellant
Versus
Suresh Mali - Respondent
Transfer Petition (Civil) No. 1647 of 2017
Decided On : 10-01-2019
Anish Kumar Gupta, Adv., Chandra Shekhar Suman, Adv., Puneet Sheoran, Adv., Nisarg Chaudhary, Adv.
The court has the authority to order the transfer of a case to another court under Section 25 of the Civil Procedure Code, 1908 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, directing 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 (wife) filed a petition for the transfer of a case pending before the Court of Family Judge at Ahmedabad to the Family Court at Ajmer or any other competent Court of Civil Judge at Ajmer.
Finding of the Court:
The court, after hearing the petitioner's counsel and considering the grounds in the transfer petition, directed the transfer of the case to the Family Court at Ajmer or any other competent Court of Civil Judge at Ajmer.
Issues: Transfer of case under Section 25 of the Civil Procedure Code, 1908.
Ratio Decidendi: The court can order the transfer of a case to another court if it deems fit based on the grounds presented in the transfer petition.
Final Decision: The Transfer Petition was allowed, and the case was directed to be transferred to the Family Court at Ajmer or any other competent Court of Civil Judge at Ajmer.
ORDER
1. As per Office Report dated 9-1-2019, service is complete on the sole respondent but nobody has entered appearance on his behalf so far.
2. 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.P. No.732/2017 titled as "Suresh Kumar Mangilal Mali vs. Chitra Dutt Suresh Mali" pending before the Court of Family Judge at Ahmedabad (Gujarat) to the Family Court at Ajmer (Rajasthan) or to any other competent Court of Civil Judge at Ajmer (Rajasthan).
3. After having heard the learned counsel appearing for the petitioner and taking into consideration the grounds taken in the transfer petition, we direct transfer of H.M.P. No.732/2017 titled as "Suresh Kumar Mangilal Mali vs. Chitra Dutt Suresh Mali" pending before the Court of Family Judge at Ahmedabad (Gujarat) to the Family Court at Ajmer (Rajasthan) or to any other competent Court of Civil Judge at Ajmer (Rajasthan).
4. Let the record of the case be transferred without delay.
5. The Transfer Petition is allowed in the afore-stated terms.
