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SUPREME COURT OF INDIA
B.V. Nagarathna, J.
Babita Srivastava – Petitioner
Versus
Vinod Srivastava – Respondent
Transfer Petition(S)(Civil) No. 1867 of 2019
Decided On : 25-10-2021
Transfer Petition - Jurisdiction Transfer - The court allowed the transfer petition filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of the divorce petition to a court of competent jurisdiction at Gwalior, considering the petitioner's residence and the distance between the current court and Gwalior.
Fact of the Case:
The petitioner-wife filed a transfer petition under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of the divorce petition filed by the respondent-husband in the Court of Principal District Judge Family Court at Gurugram (Haryana) to a court of competent jurisdiction at Gwalior (M.P.).
Finding of the Court:
The court allowed the transfer petition, considering the petitioner's residence and the distance between the current court and Gwalior, and directed the transfer of the divorce petition to a court of competent jurisdiction at Gwalior.
Issues: The main issue was the transfer of the divorce petition from one court to another based on the petitioner's residence and the distance between the courts.
Ratio Decidendi: The court considered the difficulty pleaded by the petitioner and the distance between the two locations, and allowed the transfer petition to enable the petitioner to effectively defend the divorce petition.
Final Decision: The transfer petition was allowed, and the divorce petition was directed to be transferred to a court of competent jurisdiction at Gwalior (M.P.). Both parties were directed to cooperate with the competent court at Gwalior for expeditious disposal of the petition.
ORDER :
1. This transfer petition has been filed by the petitioner-wife Under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of divorce petition filed by the respondent-husband in the Court of Principal District Judge Family Court at Gurugram (Haryana) to any other court of competent jurisdiction at Gwalior (M.P.).
2. Heard learned counsel for the petitioner and learned counsel for the respondent.
3. It is submitted that the petitioner is presently residing at Gwalior (M.P.) and hence the aforesaid matter may be transferred to the competent court of jurisdiction at Gwalior.
4. Learned counsel for the respondent submitted that no objection is raised by the respondent for the said transfer as such.
5. In the circumstances, having regard to the difficulty pleaded by the petitioner and the distance between Gurugram, Haryana and Gwalior at M.P. being considerable and in order to enable the petitioner to effectively defend the aforesaid petition, the aforesaid petition namely HMA No. 560/2018 titled as “Sh.Vinod Srivastava vs. Dr. Babita Srivastava” is directed to be transferred to a court of competent jurisdiction, if any, at Gwalior (M.P.).
6. It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Gwalior for expeditious disposal of the petition.
7. The Petition is allowed and disposed of in the aforesaid terms.
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