1. Transfer petitions filed by a spouse seeking transfer of matrimonial proceedings from one family court to another, with interim stay granted on existing proceedings. (Para 1 , 2 )
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2022 Supreme(SC) 1612
SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Monika Kumari – Appellant
Versus
Abhishek Yadav – Respondent
Transfer Petition (Civil) Nos. 1679-1680 of 2021
Decided On : 05-09-2022
Advocates appeared:
Ms. Archana Pathak Dave, Advocate, Mr. Parmod Kumar Vishnoi, Advocate, Ms. Vanya Gupta, Advocate, For the Appellant / Mr. Dhirendra Kr. Mishra, Advocate, Mr. P.B. Reddy, Advocate, Mr. Patram Shyla, Advocate, Mr. Rameshwar Prasad Goyal, Advocate, For the Respondent.
Ms. Archana Pathak Dave, Advocate, Mr. Parmod Kumar Vishnoi, Advocate, Ms. Vanya Gupta, Advocate, For the Appellant / Mr. Dhirendra Kr. Mishra, Advocate, Mr. P.B. Reddy, Advocate, Mr. Patram Shyla, Advocate, Mr. Rameshwar Prasad Goyal, Advocate, For the Respondent.
The court has the discretion to allow transfer petitions based on the facts and circumstances of the case, and may direct the transfer of cases from one Family Court to another.
Headnote:
Transfer Petitions - Transfer of petitions from one Family Court to another - The court allowed the transfer petitions filed by the petitioner-wife seeking transfer of petitions filed by the respondent-husband from the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh to the Court of Principal Judge, Family Court, Kota, Rajasthan.
Fact of the Case:
The petitioner-wife filed transfer petitions seeking transfer of petitions filed by the respondent-husband from the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh to the Court of Principal Judge, Family Court, Kota, Rajasthan. An interim order was passed staying further proceedings pending before the Court of Principal Judge, Family Court at Jabalpur, Madhya Pradesh.
Finding of the Court:
The court, after hearing the parties and considering the facts and circumstances on the record, deemed it appropriate to allow the transfer petitions. Consequently, the petitions pending before the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh were transferred to the Court of Principal Judge, Family Court, Kota, Rajasthan. The Family Court at Jabalpur was directed to transmit the entire record to the transferee Court immediately. The Family Court at Kota was directed to explore the possibility of settlement between the parties through mediation. The Registry was directed to send a copy of the Order immediately to both the Courts for compliance. The transfer petitions were allowed accordingly.
Issues:
Ratio Decidendi:
Final Decision:
Legal Category Hierarchy
Table of Contents
2. After hearing counsel and perusing the record, the court found it appropriate to allow the transfer petitions based on the facts and circumstances. (Para 3 , 4 )
3. Transfer petitions allowed; matrimonial cases transferred to the transferee court with directions for record transmission and exploration of settlement through mediation. (Para 4 , 5 , 7 , 8 , 9 )
4. On what basis may a court allow the transfer of matrimonial petitions?
The court may allow the transfer of such petitions after considering the facts and circumstances on the record. (Para 4 )
ORDER
1. These transfer petitions have been filed by the petitioner-wife seeking transfer of petitions filed by the respondent-husband in the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh to the Court of Principal Judge, Family Court, Kota, Rajasthan.
2. On 27.09.2021, notice was issued by this Court and an interim order was passed staying further proceedings pending before the Court of Principal Judge, Family Court at Jabalpur, Madhya Pradesh.
3. We have heard learned counsel for the parties and perused the record.
4. Considering the facts and circumstances on the record, we deem it appropriate to allow these transfer petitions.
4. Consequently, the petitions being (1) CSHM No. 100 of 2021, titled "Abhishek Yadav v. Monika Kumari" and (2) RCSHM No. 950 of 2018 / Matrimonial Case No. 856 of 2018 titled "Abhishek Yadav v. Monika Kumari&' pending before the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh are transferred to the Court of Principal Judge, Family Court, Kota, Rajasthan.
5. The Family Court at Jabalpur is directed to transmit the entire record to the transferee Court immediately.
7. The Family Court at Kota is directed to explore the possibility of settlement between the parties through mediation.
8. The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.
9. These transfer petitions are allowed accordingly.
