1. Transfer petition seeking transfer of matrimonial proceedings from one jurisdiction to another. (Para 1 )
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2022 Supreme(SC) 1622
SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Aprajita Chakraborty – Appellant
Versus
Anirban Biswangri – Respondent
Transfer Petition (Civil) No. 1329 of 2021
Decided On : 05-09-2022
Important Points
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 need for adjudication by a Court of competent jurisdiction.
Subject
Civil Law - Jurisdictional Transfer
Headnote
Transfer Petition - Jurisdiction Transfer - The court allowed the transfer petition filed by the petitioner-wife to transfer the pending marriage petition from the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra to the Court of competent jurisdiction at Gaya, Bihar.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking to transfer the petition filed by the respondent-husband from the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra to the Court of competent jurisdiction at Gaya, Bihar.
Finding of the Court:
The court, after considering the facts and circumstances, deemed it appropriate to allow the transfer petition and directed the transfer of the marriage petition to the Court of competent jurisdiction at Gaya, Bihar. The Court at Gaya was also directed to explore the possibility of settlement between the parties through mediation.
Issues: The main issue was the transfer of the pending marriage petition from one jurisdiction to another.
Ratio Decidendi: The court considered the facts and circumstances on the record and found it appropriate to allow the transfer petition, emphasizing the need for the matter to be adjudicated by a Court of competent jurisdiction.
Final Decision: The transfer petition was allowed, and the Marriage Petition No. 474 of 2021 pending before the Civil Judge (S.D.)/Family Court at Thane, Maharashtra was transferred to the Court of competent jurisdiction at Gaya, Bihar. The Court at Gaya was directed to explore the possibility of settlement between the parties through mediation.
Legal Category Hierarchy
Advocates appeared:
Mr. Sarthak Chaudhary, Advocate, Mr. Vishal Arun Mishra, Advocate, Mr. Hitesh Shahi, Advocate, Mr. Pawan Kumar, Advocate, Ms. Harshita Nigam, Advocate, Mr. Ujjwal Bhardwaj, Advocate, Mr. Dinesh Kumar, Advocate, Mr. Parshuram Paswan, Advocate, M/s. Mukesh Kumar Singh And Co., Advocate, For the Appellant / Mr. Sushil K. Tekriwal, Advocate, Dr. Mamta Tekriwal, Advocate, Mr. Rajesh Kumar Chaurasia, Advocate, Mr. Sujeet Kumar, Advocate, Mr. Anurag Jain Advocate, Mr. Sanjeev Yadav, Advocate, Ms. Manjulika Pal, Advocate, For the Respondent.
Mr. Sarthak Chaudhary, Advocate, Mr. Vishal Arun Mishra, Advocate, Mr. Hitesh Shahi, Advocate, Mr. Pawan Kumar, Advocate, Ms. Harshita Nigam, Advocate, Mr. Ujjwal Bhardwaj, Advocate, Mr. Dinesh Kumar, Advocate, Mr. Parshuram Paswan, Advocate, M/s. Mukesh Kumar Singh And Co., Advocate, For the Appellant / Mr. Sushil K. Tekriwal, Advocate, Dr. Mamta Tekriwal, Advocate, Mr. Rajesh Kumar Chaurasia, Advocate, Mr. Sujeet Kumar, Advocate, Mr. Anurag Jain Advocate, Mr. Sanjeev Yadav, Advocate, Ms. Manjulika Pal, Advocate, For the Respondent.
Table of Contents
2. Dispute regarding the appropriate jurisdiction for the hearing of a marriage petition. (Para 3 )
3. The court found it appropriate to allow the transfer after considering the facts and circumstances on record. (Para 4 )
4. Transfer of matrimonial proceedings may be granted based on the facts and circumstances of the case. (Para 4 )
5. Transfer petition allowed; proceedings transferred to the requested jurisdiction; mediation directed. (Para 5 , 6 , 8 )
6. Can a matrimonial petition be transferred from one court to another?
Yes, the court may allow a transfer petition to move proceedings from one court to another based on the facts and circumstances of the case. (Para 4 , 5 )
7. Can the court direct mediation in a transferred matrimonial matter?
Yes, the court may direct the transferee court to explore the possibility of a settlement between the parties through the process of mediation. (Para 6 )
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 Civil Judge (S.D.)/Family Court at Thane, Maharashtra to the Court of competent jurisdiction at Gaya, Bihar
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 Civil Judge (S.D.)/Family Court at Thane, Maharashtra.
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 this transfer petition.
5. Consequently, the Marriage Petition No. 474 of 2021 pending before the Civil Judge (S.D.)/Family Court at Thane, Maharashtra is transferred to the Court of competent jurisdiction at Gaya, Bihar. The Court at Thane, Maharashtra is directed to immediately transmit the entire record to the Court of District Judge, Gaya, who in turn shall assign the matter to a Court of competent jurisdiction.
6. The Court at Gaya is directed to explore the possibility of settlement between the parties through the process of mediation.
7. The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.
8. This transfer petition is allowed accordingly.
