B. V. NAGARATHNA
Rashmi Rohan Shetty – Appellant
Versus
Rohan Raghunath Shetty – Respondent
ORDER :
1. This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent- husband in the Family Court at Thane, Maharashtra, to a Court of competent jurisdiction at Mangalore, Dakshin Kannada District, Karnataka.
2. Heard learned counsel for the petitioner and learned counsel for the respondent.
3. It is submitted that the petitioner is presently residing at Mangalore, Karnataka and hence the aforesaid matter may be transferred to the competent court of jurisdiction at Mangalore.
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 Thane, Maharashtra and Mangalore at Karnataka being considerable and in order to enable the petitioner to effectively defend the aforesaid petition, the aforesaid petition namely M.P. No. A123/2019 titled as “Mr. Rohan Raghunath Shetty Vs. Mrs. Rashmi Rohan Shetty” is directed to be transferred to a Court of competent jurisdiction that is the competent Family Court, at Mangalore, Karnataka.
6. It is needless to observe that
The court has the discretion to transfer a divorce petition to a Court of competent jurisdiction based on the petitioner's residence and the distance between the locations.
The central legal point established in the judgment is the authority of the court to transfer a pending case from one jurisdiction to another based on the facts and circumstances of the case and the ....
In the larger interest of justice, the court can order the transfer of a case while also directing the conduct of proceedings to ensure effective participation of both parties and expeditious resolut....
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