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UDAY UMESH LALIT, S. RAVINDRA BHAT
Aprajita Chakraborty – Appellant
Versus
Anirban Biswangri – Respondent
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 th
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 ....
The court has the discretion to allow the transfer of proceedings under the Hindu Marriage Act, 1955 from one jurisdiction to another based on the facts and circumstances of the case.
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 court will only transfer proceedings if there is sufficient evidence or compelling reasons to support the transfer.
The court has the discretion to allow transfer petitions based on the convenience and circumstances of the parties involved.
The court has the discretion to allow transfer petitions based on the facts and circumstances of the case, considering the convenience and fairness for both parties.
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