1. Transfer petition under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings from one district court to another. (Para 1 )
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2021 Supreme(SC) 1056
SUPREME COURT OF INDIA
B.V. NAGARATHNA, J.
Jyoti Jaiswal – Appellant
Versus
Neeraj Kumar Gupta - Respondent
Transfer Petition (Civil) No.113 of 2018
Decided on : 22-11-2021
Important Points
The court has the authority to transfer proceedings from one court to another jurisdiction under Section 25 of the Code of Civil Procedure, 1908, based on justified requests and considering the facts and circumstances.
Subject
Civil Law - Jurisdiction Transfer
Act Referred
Headnote
Transfer Petition - Jurisdiction Transfer - The court allowed the transfer petition under Section 25 of the Code of Civil Procedure, 1908, to transfer a divorce petition from one court to another based on the justified request and considering the facts and circumstances.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking to transfer a divorce petition filed by the respondent-husband from one court to another.
Finding of the Court:
The court found the prayer for transfer of proceedings justified and ordered the transfer of the divorce petition to the competent court in another jurisdiction.
Issues: Transfer of divorce petition from one court to another jurisdiction.
Ratio Decidendi: The court considered the facts and circumstances and found the transfer of the divorce petition to be justified, leading to the decision to allow the transfer petition.
Final Decision: The transfer petition was allowed, and the divorce petition was transferred to the competent court in another jurisdiction for expeditious resolution.
Legal Category Hierarchy
Table of Contents
2. Dispute regarding the appropriate venue for the adjudication of a divorce petition. (Para 2 )
3. The prayer for transfer of proceedings was found justified upon consideration of the facts, circumstances, and material on record. (Para 3 )
4. Transfer of proceedings under Section 25 of the Code of Civil Procedure, 1908, is granted when the court finds the request justified by the material on record. (Para 3 )
5. Transfer petition allowed; divorce proceedings transferred to the competent court of the requested jurisdiction with directions for record transmission and expeditious disposal. (Para 4 , 5 , 7 )
6. Under what legal provision can a petition for the transfer of civil proceedings be filed?
A petition for the transfer of civil proceedings can be filed under Section 25 of the Code of Civil Procedure, 1908. (Para 1 )
7. What criteria does the court consider when deciding a transfer petition?
The court considers the facts and circumstances of the case and the material on record to determine if the prayer for transfer is justified. (Para 3 )
ORDER :
1. This transfer petition has been filed under Section 25 of the Code of Civil Procedure, 1908, by the petitioner-wife seeking transfer of Divorce Petition No. 10/2017 titled as “ Neeraj Kumar Gupta vs. Smt. Jyoti Jaiswal ” filed by the respondent-husband in the Court of Ld. Additional District & Session Judge, Lalsot, District Dausa, Rajasthan to the competent Court at Ghazipur, UP.
2. Heard learned counsel on both sides and perused the record.
3. Considering the facts and circumstances and the material on the record, this Court is of the opinion that prayer for transfer of proceedings from the Court of Ld. Additional District & Session Judge, Lalsot, District Dausa, Rajasthan to the competent Court at Ghazipur, UP., is justified.
4. Consequently, the Divorce Petition No.10/2017, titled as “ Neeraj Kumar Gupta vs. Smt. Jyoti Jaiswal ”, pending in the Court of Ld. Additional District & Sessions Judge, Lalsot, District Dausa, Rajasthan, is transferred to the Court of competent jurisdiction, if any, at Ghazipur, U.P. The Additional District and Sessions Court at Rajasthan is directed to transmit the entire record of the aforesaid case to the transferee Court at Ghazipur, U.P. immediately.
5. The transferee Court shall decide the case so transferred as expeditiously as possible.
6. The Registry is directed to send a copy of this Order to both the Courts immediately by e-mail for compliance, of this order.
7. This transfer petition is allowed accordingly in the above terms.
