1. Transfer petition seeking transfer of proceedings under Section 9 of the Hindu Marriage Act from one Family Court to another. (Para 1 )
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2021 Supreme(SC) 1111
SUPREME COURT OF INDIA
S.RAVINDRA BHAT, J.
Shakun Sivastava – Appellant
Versus
Prem Prakash Srivastava – Respondent
Transfer Petition (Civil) No.1840 of 2018
Decided on : 04-10-2021
Important Points
The Supreme Court allowed the transfer of matrimonial proceedings under Section 9 of the Hindu Marriage Act from the Family Court in Gorakhpur, Uttar Pradesh, to the Family Court in Bhopal, Madhya Pradesh, based on the pleadings and submissions of the petitioner-wife.
Subject
Transfer of Proceedings - Inter-State Transfer
Act Referred
Headnote
Criminal Procedure Code, 1973 – Section 125 – Hindu Marriage Act, 1956 –Section 9 – Transfer petition has been filed by petitioner-wife seeking transfer of petition filed under section 9 of Hindu Marriage Act, 1956 by respondent-husband in Court of Principal Judge, Family Court, Uttar Pradesh to Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh – Held, Consequently, petition bearing titled as pending in Court of Principal Judge, Family Court , Uttar Pradesh is transferred to Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh – Family Court at Gorakhpur is directed to transmit entire record to transferee court immediately –Transferee Court shall decide case so transferred as expeditiously as possible and in any case – Registry is directed to sent a copy of this Order to both Courts immediately for compliance – Petition allowed.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appelant : Mr. B.S. Rajesh Agrajit, Adv. Mr. Shyamal Kumar, AOR
Advocate Appeared:
For the Appelant : Mr. B.S. Rajesh Agrajit, Adv. Mr. Shyamal Kumar, AOR
Table of Contents
2. Petitioner seeks transfer of matrimonial proceedings; respondent failed to appear or oppose the petition despite notice. (Para 1 , 3 )
3. The request for transfer of proceedings between Family Courts is justified based on the pleadings and submissions. (Para 4 )
4. Transfer of matrimonial proceedings between Family Courts may be granted if the request is justified by the pleadings and submissions. (Para 4 )
5. Transfer petition allowed; proceedings transferred from one Family Court to another with directions for record transmission and expedited disposal. (Para 5 , 6 , 7 , 8 , 9 )
6. Under what circumstances may a court allow the transfer of matrimonial proceedings from one Family Court to another?
A court may allow the transfer of proceedings, such as those under the Hindu Marriage Act, when the request is found to be justified based on the pleadings and submissions presented by the petitioner. (Para 4 )
ORDER :
1. This transfer petition has been filed by the petitioner-wife seeking transfer of the petition filed under section 9 of the Hindu Marriage Act, 1956 by the respondent-husband in the Court of Principal Judge, Family Court, Gorkhpur, Uttar Pradesh to the Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh.
2. By order dated 14.11.2018, notice was issued in this case and the proceedings in H.M.A. No.493 of 2018 were stayed.
3. Order dated 06.01.2020 recorded that the respondent was served. By Orders dated 04.06.2020 and 18.06.2020, this Court recorded that there was no appearance on behalf of the respondent. Even today, there is no appearance on behalf of the respondent, who has not opposed the petition even though he has been made aware of it in the pending proceedings under Section 125 of the Code of Criminal Procedure, 1973 initiated by the petitioner.
4. Having regard to the pleadings and the submissions made on behalf of the petitioner, this Court is of the opinion that request for transfer of proceedings from the Family Court, Gorakhpur, Uttar Pradesh to the Court of Principal Judge, Family Court, Bhopal Madhya Pradesh, is justified.
5. Consequently, the petition bearing H.M.A. No.493 of 2018, titled as “ Prem Prakash Srivastava V. Shakun Srivastava ”, pending in the Court of the Principal Judge, Family Court, Gorakhpur, Uttar Pradesh is transferred to the Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh.
6. The Family Court at Gorakhpur is directed to transmit the entire record to the transferee court immediately.
7. The transferee Court shall decide the case so transferred as expeditiously as possible and in any case on or before 31.12.2022.
8. The Registry is directed to sent a copy of this Order to both the Courts immediately for compliance.
9. This transfer petition is allowed accordingly.
