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SUPREME COURT OF INDIA
R.M. Lodha, Shiva Kirti Singh, JJ.
Pratibha Kumari - Petitioner
Versus
Mukesh Kumar Singh - Respondent
Transfer Petition (Civil) No. 1606 of 2012
Decided On : 13-01-2014
Transfer Petition - Matrimonial Case - The court allowed the transfer of a matrimonial case from the Court of Additional District Judge-1, Patiala House, New Delhi to the Family Court, Arrah, Bhojpur, Bihar, considering the petitioner's present residence and the potential hardship if the proceedings were to continue in New Delhi.
Fact of the Case:
Wife filed a petition for transfer of matrimonial case from New Delhi to Bihar, citing her present residence and potential hardship if the proceedings continued in New Delhi.
Finding of the Court:
The court allowed the transfer petition, considering the petitioner's present residence and the potential hardship if the proceedings were to continue in New Delhi.
Issues: Transfer of matrimonial case from one court to another based on the petitioner's present residence and potential hardship.
Ratio Decidendi: The court considered the present residence of the petitioner and the potential hardship in reaching the decision to allow the transfer of the matrimonial case.
Final Decision: The court allowed the transfer petition and directed the transferrer Court to transmit the record and proceedings to the transferee Court in Bihar for expeditious disposal.
ORDER :
1. This is wife's petition for transfer of matrimonial case being H.M.A. Petition No. 164 of 2011, titled as "Mukesh Kumar v. Pratibha Kumari", from the Court of Additional District Judge-1, Patiala House, New Delhi to the Family Court, Arrah, Bhojpur, Bihar.
2. The notice of Transfer Petition has been served on the respondent and he has filed counter-affidavit in opposition to the Transfer Petition.
3. We have heard learned Counsel for the parties and perused the averments made in the Transfer Petition and the counter-affidavit.
4. It is true that the order dated 30.11.2012 passed by the Family Court, Patiala House, New Delhi shows that the matter is at the stage of final arguments but from the said order, it is also clear that the Court has also called the DTDC official for confirmation of service report.
5. We are now informed that the petitioner has appeared before the Family Court, Patiala House, New Delhi.
6. Having regard to all relevant facts and circumstances of the case and the fact that the petitioner is presently residing in Arrah (Bihar), we are satisfied that greater hardship shall be caused to her in case the proceedings in the above matrimonial case are allowed to be continued at New Delhi.
7. We, accordingly, allow the transfer petition and transfer matrimonial case being H.M.A. Petition No. 164 of 2011, titled as "Mukesh Kumar v. Pratibha Kumari", from the Court of Additional District Judge-1, Patiala House, New Delhi to the Family Court, Arrah, Bhojpur, Bihar. The transferrer Court shall transmit the record and proceedings of the transferred matrimonial case to the transferee Court without any delay.
8. The transferee Court is requested to hear and decide the transferred matrimonial case as expeditiously as may be possible. The parties are directed to co-operate with the transferee Court in expeditious disposal of the matrimonial case.
9. No costs.
Transfer Petition allowed.
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