1. Petition for transfer of matrimonial proceedings under Section 25 of the Code of Civil Procedure, 1908. (Para 1 )
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2021 Supreme(SC) 1062
SUPREME COURT OF INDIA
J.K. Maheshwari, J.
Priyanka Arya - Petitioner
Versus
Ashutosh Arya - Respondent
Transfer Petition (Civil) No.62 of 2021
Decided On : 01-10-2021
Advocates:
Advocate Appeared:
For the Appelant : Mr. Manohar Pratap, Adv. Ms. Bhavana Bisht, Adv. Mr. Aditya Purohi, Adv. Mr. Ajit Kumar Ekka, AOR
For the Respondent: Mrs. Mona K. Rajvanshi, AOR Mr. Pradeep Kr. Mittal, Adv.
Advocate Appeared:
For the Appelant : Mr. Manohar Pratap, Adv. Ms. Bhavana Bisht, Adv. Mr. Aditya Purohi, Adv. Mr. Ajit Kumar Ekka, AOR
For the Respondent: Mrs. Mona K. Rajvanshi, AOR Mr. Pradeep Kr. Mittal, Adv.
The Supreme Court, exercising powers under Section 25 of the Code of Civil Procedure, 1908, allowed the transfer of a matrimonial case from Delhi to Uttarakhand, considering the residence of the parties' parents and the current locations of the petitioner and respondent to ensure convenience.
Headnote:
Transfer Petition - Jurisdiction and Transfer of Case - The court allowed the transfer petition under Section 25 of the Code of Civil Procedure, 1908, to transfer a matrimonial case from Delhi to Nainital, considering the convenience of the parties and their family circumstances.
Fact of the Case:
The petitioner sought the transfer of a matrimonial case from the Court of Principal Judge, Family Court, South East, Saket, Delhi to the Court of Principal Judge, Family Court, Nainital, Uttarakhand.
Finding of the Court:
The court, after considering the family circumstances and convenience of the parties, allowed the transfer petition and directed the transfer of the case to Nainital, Uttarakhand for expeditious resolution.
Issues: Jurisdiction and Transfer of Case
Ratio Decidendi: The court deemed it appropriate to transfer the case based on the family circumstances and convenience of the parties, in line with Section 25 of the Code of Civil Procedure, 1908.
Final Decision: The Transfer Petition was allowed, and the case was directed to be transferred from the Court of Principal Judge, Family Court, South East, Saket, Delhi to the Court of Principal Judge, Family Court, Nainital, Uttarakhand.
Act Referred
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2. The court considered the residential locations of the parties and their parents to determine the appropriate venue for the proceedings. (Para 2 )
3. Transfer of proceedings may be granted based on the convenience of the parties and their families. (Para 2 )
4. Transfer petition allowed; proceedings transferred to the requested court with directions for record transmission and expeditious disposal. (Para 2 , 3 , 4 , 6 )
5. On what grounds may a court transfer a matrimonial case under Section 25 of the Code of Civil Procedure?
A court may transfer a case based on the convenience of the parties, taking into account factors such as the residence of the parties and their parents. (Para 2 )
ORDER :
1. This petition has been filed under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of case being HMA No. 109 of 2020, titled as “Ashutosh Arya vs. Priyanka Arya” pending before the Court of Principal Judge, Family Court, South East, Saket, Delhi to the Court of Principal Judge, Family Court, Nainital, Uttarakhand.
2. After hearing learned counsel for both the parties and considering the fact that the parents of the petitioner as well as of the respondent are from Haldwani and husband is posted at Delhi while the wife is doing her Ph.D. at Solan, Himachal Pradesh, this Court deems it appropriate to transfer the case being HMA No. 109 of 2020 pending before the Court of Principal Judge, Family Court, South East, Saket, Delhi to the Court of Principal Judge, Family Court, Nainital, Uttarakhand. Ordered accordingly.
3. The Principal Judge, Family Court, South East, Saket at Delhi is directed to transmit the entire record to the transferee Court immediately.
4. The transferee Court shall decide the case so transferred as expeditiously as possible.
5. The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
6. The Transfer Petition is, therefore, allowed.
