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SUPREME COURT OF INDIA
J.K. MAHESHWARI, J.
Minal Shardul Shah- Appellant
Versus
Shardul Narendra Shah - Respondent
Transfer Petition (Civil) No.3021 of 2019
Decided on : 01-10-2021
Transfer - Hindu Marriage Act, 1955 - The court allowed the transfer of a petition filed under Section 13 of the Hindu Marriage Act from the Family Court at Ahmedabad, Gujarat to the Family Court at Nashik, Maharashtra.
Fact of the Case:
The petitioner sought the transfer of a petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 from the Family Court at Ahmedabad, Gujarat to the Family Court at Nashik, Maharashtra.
Finding of the Court:
The court allowed the transfer petition and directed the Family Court at Ahmedabad to transmit the entire record to the Family Court at Nashik. The transferee Court was instructed to decide the case expeditiously.
Issues: The main issue was the transfer of the petition from one Family Court to another.
Ratio Decidendi: The court considered the convenience of the parties and allowed the transfer based on the respondent's statement of no objection to the proceedings being transferred to the Family Court at Nashik.
Final Decision: The transfer petition was allowed, and the petition pending in the Family Court at Ahmedabad, Gujarat was transferred to the Family Court at Nashik, Maharashtra.
ORDER :
1. This petition has been filed seeking transfer of petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 bearing H.M.P. No. 2487 of 2019, titled as “Shardul Narendra Shah vs. Minal Shardul Shah” in the Family Court at Ahmedabad, Gujarat to the Family Court at Nashik, Maharashtra.
2. Heard learned counsel appearing on behalf of both the parties.
3. During the course of the hearing, the learned counsel appearing for the respondent stated that the respondent has no objection to the proceedings in H.M.P. No. 2487 of 2019 pending in the Family Court at Ahmedabad, Gujarat being transferred to the Family Court at Nashik, Maharashtra.
4. Consequently, the petition bearing H.M.P. No. 2487 of 2019, titled as “Shardul Narendra Shah vs. Minal Shardul Shah” pending in the Family Court at Ahmedabad, Gujarat is transferred to the Family Court at Nashik, Maharashtra.
5. The Family Court at Ahmedabad, Gujarat is directed to transmit the entire record to the transferee Court immediately.
6. The transferee Court shall decide the case so transferred as expeditiously as possible.
7. The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
8. The transfer petition is, therefore, allowed.
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