1. Transfer petitions — Guardian Petition and Restitution Petition — Request to transfer proceedings from one jurisdiction to another. (Para 1 )
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2022 Supreme(SC) 1623
SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Dr. Seema Sikka – Appellant
Versus
Dr. Pranav Sikka – Respondent
Transfer Petition (Civil) No. 1217 of 2021 with Transfer Petition (Civil) No. 1674 of 2021
Decided On : 05-09-2022
Advocates appeared:
Ms. Preeti Singh, Advocate, Mr. Sunkzan Porwal, Advocate, Mr. Saumya Dwivedi,Advocate, Ms. Kumkum Mandhanya, Advocate, Mr. Dinesh Kumar Bhati, Advocate, For the Appellant / Mr. Amit Sharma, Advocate, Mr. Upendra Pratap Singh, Advocate, Mr. Harsh Singh Rawat, Advocate, Ms. Snehal U. Kanzarkar, Advocate, For the Respondent.
Ms. Preeti Singh, Advocate, Mr. Sunkzan Porwal, Advocate, Mr. Saumya Dwivedi,Advocate, Ms. Kumkum Mandhanya, Advocate, Mr. Dinesh Kumar Bhati, Advocate, For the Appellant / Mr. Amit Sharma, Advocate, Mr. Upendra Pratap Singh, Advocate, Mr. Harsh Singh Rawat, Advocate, Ms. Snehal U. Kanzarkar, Advocate, For the Respondent.
The court has the discretion to decide on the transfer of proceedings and may direct referral to Mediation for a negotiated settlement.
Headnote:
Transfer Petitions - Family Court Proceedings - The court held that no case had been made out to transfer the proceedings from Gautam Budh Nagar, Uttar Pradesh to the Family Courts, Karkardooma Complex, Delhi. However, the Family Court at Gautam Budh Nagar, Uttar Pradesh is directed to consider any request seeking referral of the matter to Mediation for a negotiated settlement between the parties.
Fact of the Case:
The petitioner-wife filed transfer petitions seeking to transfer petitions filed by the respondent-husband to the Family Courts, Karkardooma Complex, Delhi.
Finding of the Court:
The court found that no case had been made out to transfer the proceedings to Delhi but directed the Family Court at Gautam Budh Nagar, Uttar Pradesh to consider referral of the matter to Mediation for a negotiated settlement.
Issues: Transfer of Proceedings, Referral to Mediation
Ratio Decidendi: The court considered the facts and circumstances on the record and found no grounds for transferring the proceedings to Delhi. However, it directed the Family Court at Gautam Budh Nagar, Uttar Pradesh to consider referral to Mediation for a negotiated settlement.
Final Decision: The transfer petitions were disposed of with the direction for the Family Court at Gautam Budh Nagar, Uttar Pradesh to consider referral to Mediation for a negotiated settlement.
Legal Category Hierarchy
Table of Contents
2. Transfer of matrimonial and guardianship proceedings — Petitioner seeking transfer of petitions to a different jurisdiction. (Para 1 , 3 )
3. Transfer of proceedings — Evaluation of facts and circumstances — No sufficient grounds found for transfer of jurisdiction. (Para 5 )
4. Transfer of petitions — Decision based on the specific facts and circumstances of the case. (Para 5 )
5. Transfer petitions disposed of — Transfer refused — Direction to consider referral to mediation for negotiated settlement. (Para 5 , 6 , 7 , 8 )
6. Can the court direct a lower court to consider mediation in a transfer petition?
Yes, the court may direct the concerned Family Court to consider a request for referral to mediation to facilitate a negotiated settlement between the parties. (Para 6 )
7. On what basis does the court decide a transfer petition?
The court considers the facts and circumstances on record to determine whether a sufficient case has been made out to transfer the proceedings. (Para 5 )
8. How does the withdrawal of a related proceeding affect a transfer petition?
The court notes the withdrawal of specific proceedings as part of the record before deciding on the transfer of remaining petitions. (Para 4 )
ORDER
1. These transfer petitions have been filed by the petitioner-wife seeking transfer of petitions filed by the respondent-husband, namely, (1) Guardian Petition bearing No. 55 of 2021 pending before the Family Court, Noida, District Gautam Budh Nagar, Uttar Pradesh; and, (2) Restitution Petition No. 1076 of 2021 pending before the Court of Principal Judge, Family Court, Meerut, Uttar Pradesh, to the Family Courts, Karkardooma Complex, Delhi.
2. Vide order dated 27.09.2021, this Court issued notice on both the transfer petitions.
3. We have heard learned counsel for the parties and perused the record.
4. We have been given to understand that the proceedings pending at Meerut have been withdrawn by the respondent - husband.
5. Considering the facts and circumstances on the record, in our view, no case has been made out to transfer the proceedings from Gautam Budh Nagar, Uttar Pradesh to the Family Courts, Karkardooma Complex, Delhi.
6. However, the Family Court at Gautam Budh Nagar, Uttar Pradesh is directed to consider any request seeking referral of the matter to Mediation so that any negotiated settlement can be arrived at between the parties.
7. The parties shall appear before the concerned Court on 12.09.2022.
8. With these observations, these transfer petitions are disposed of.
