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2019 Supreme(SC) 2056
SUPREME COURT OF INDIA
Ashok Bhushan, K.M. Joseph, JJ.
Bhavleen Gaba - Appellant
Versus
Gaurav Kathuria - Respondent
Transfer Petition (S) (Civil) No. 1183 of 2018
Decided On : 26-02-2019
Upasana Nath, Adv., Gaurav Kathuria, Adv.
The court has the discretion to transfer a case from one family court to another in the interest of justice.
Headnote:
Transfer Petition - Family Court Jurisdiction - The court allowed the transfer petition and transferred the case from one family court to another based on the interest of justice.
Fact of the Case:
The court heard the petitioner and respondent and decided to transfer the case from one family court to another in the interest of justice.
Finding of the Court:
The court found it in the interest of justice to allow the transfer petition and transfer the case to another family court.
Issues: Transfer of Case Jurisdiction
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to transfer the case to another family court in the interest of justice.
Final Decision: The transfer petition was allowed, and the case was transferred to another family court.
ORDER
1. We have heard learned counsel for the petitioner and respondent in person.
2. Looking into the facts and circumstances of the case, it is in the interest of justice to allow the transfer petition and transfer the case bearing HMA No. 1279 of 2018 titled Gaurav Kathuria v. Bhavleen Gaba pending before the Principal Judge, Family Court, Dwarka (Delhi) to the Family Court, Ludhiana, Punjab.
3. We accordingly do so and transfer HMA No. 1279 of 2018 titled Gaurav Kathuria v. Bhavleen Gaba from the Principal Judge, Family Court, Dwarka (Delhi) to the Family Court, Ludhiana, Punjab.
4. The transfer petition is allowed.
