1. Transfer petition — Matrimonial proceedings — Request to transfer case from one district court to another. (Para 1 )
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2021 Supreme(SC) 1096
SUPREME COURT OF INDIA
S. RAVINDRA BHAT, J.
Deepa Mohan Naik – Appellant
Versus
Chandra Bhusan Pal - Respondent
Transfer Petition (Civil) No.2241 of 2018
Decided on : 04-10-2021
Important Points
The Supreme Court allowed the transfer of a matrimonial case from Bhojpur, Bihar, to Panaji, Goa, in the interest of justice, while directing the parties to first attempt an amicable settlement through mediation.
Subject
Transfer of Proceedings - Matrimonial Case
Headnote
Transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by respondent-husband in the Court of Principal Judge, Family Court, Bihar to Court of Civil Judge Senior Division – Having heard learned counsel for parties, this Court is of opinion that another attempt for securing an amicable settlement through mediation should be made by parties – Considering facts and circumstances on record and overall interest of justice, this Court is of opinion that request for transfer of proceedings from Court, Bihar to Court, Goa, is justified – Held, Transferee Court shall in first instance refer parties to Mediation Centre of Bombay High Court, Goa Bench – Mediation Centre shall conduct the proceedings as per choice of parties -if so required by Video-Conferencing mode as well – Transferee Court shall not proceed with case for eight weeks, during which period mediation proceedings may be pending – In case no settlement is arrived at between parties, case shall be taken up after said period of eight weeks – This period shall commence from date of receipt of papers from Court at alongwith order of this Court – Transferee Court shall decide case so transferred as expeditiously as possible – Registry is directed to send a copy of this Order to both Courts immediately for compliance – Petition allowed.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appelant : Mr. Ninad Laud, Adv. Ms. Ananyaa Mazumdar, Adv. Mr. Aditya Pratap Swain, Adv. Mr. Sahil Tagotra, AOR
For the Respondent: Mr. Pratap Shanker, Adv. Ms. Nupur Prasad, Adv. Ms. Shilpi Shrivastava, Adv. Mr. Ankit Kumar, Adv. Mr. Swetank Shantanu, AOR
Advocate Appeared:
For the Appelant : Mr. Ninad Laud, Adv. Ms. Ananyaa Mazumdar, Adv. Mr. Aditya Pratap Swain, Adv. Mr. Sahil Tagotra, AOR
For the Respondent: Mr. Pratap Shanker, Adv. Ms. Nupur Prasad, Adv. Ms. Shilpi Shrivastava, Adv. Mr. Ankit Kumar, Adv. Mr. Swetank Shantanu, AOR
Table of Contents
2. Transfer of matrimonial proceedings — Suitability of forum — Request for transfer of case to a different jurisdiction. (Para 1 )
3. Transfer of proceedings justified based on facts, circumstances, and overall interest of justice — Necessity of attempting amicable settlement through mediation. (Para 2 , 3 )
4. Transfer of matrimonial proceedings is permissible when justified by the facts, circumstances, and the overall interest of justice. (Para 3 )
5. Transfer petition allowed — Matrimonial case transferred to the requested court — Parties referred to mediation and directed for expeditious disposal. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 )
6. Under what circumstances can a court transfer matrimonial proceedings from one court to another?
A court may transfer matrimonial proceedings when the request is justified by the facts and circumstances on record and the overall interest of justice. (Para 3 )
7. Can a court direct parties to mediation as a preliminary step after transferring a case?
Yes, the court may direct the transferee court to refer parties to a mediation centre to attempt an amicable settlement before proceeding with the case. (Para 2 , 6 , 7 )
8. Can a court stay proceedings for a specific period to facilitate mediation?
Yes, a court may direct that the transferee court shall not proceed with the case for a specified period, such as eight weeks, while mediation proceedings are pending. (Para 7 )
ORDER :
1. This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar to the Court of Civil Judge Senior Division, Panaji, Goa.
2. Having heard learned counsel for the parties, this Court is of the opinion that another attempt for securing an amicable settlement through mediation should be made by the parties.
3. Considering the facts and circumstances on the record and overall interest of justice, this Court is of the opinion that request for transfer of proceedings from the Court at Bhojpur, Ara, Bihar to the Court at Panaji, Goa, is justified.
4. Consequently, the petition being Matrimonial Case No.84 of 2017, titled as “ Chandra Bhusan Pal v. Deepa Mohan Naik ”, pending in the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar is transferred to the Court of Civil Judge Senior Division, Panaji, Goa.
5. The Family Court at Bhojpur, Ara, Bihar is directed to transmit the entire record to the transferee Court immediately.
6. The transferee Court shall in the first instance refer the parties to the Mediation Centre of the Bombay High Court, Goa Bench. The Mediation Centre shall conduct the proceedings as per the choice of the parties -if so required by Video-Conferencing mode as well.
7. The transferee Court shall not proceed with the case for eight weeks, during which period the mediation proceedings may be pending. In case no settlement is arrived at between the parties, the case shall be taken up after said period of eight weeks. This period shall commence from the date of receipt of the papers from the Court at Bhojpur, Ara, Bihar alongwith the order of this Court.
8. The transferee Court shall decide the case so transferred as expeditiously as possible.
9. The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
10. This transfer petition is allowed accordingly.
