1. Transfer petition — Matrimonial case — Request to transfer proceedings from one family court to another. (Para 1 , 2 )
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2022 Supreme(SC) 1628
SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Neelam Parashar – Appellant
Versus
Shashank Sharma – Respondent
Transfer Petition (Civil) No. 2522 of 2021
Decided On : 05-09-2022
Important Points
The court will only transfer proceedings if there is sufficient evidence or compelling reasons to support the transfer.
Subject
Civil Law - Matrimonial Disputes
Headnote
Transfer Petition - Matrimonial Case - The court dismissed the transfer petition seeking to move the matrimonial case from one Family Court to another, stating that no case for transfer of the proceedings is made out.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking to move the matrimonial case from the Court of Principal Judge, Family Court, Gautam Budh Nagar, Uttar Pradesh to the Court of Principal Judge, Family Courts, Karkardooma East District, Delhi.
Finding of the Court:
The court, after considering the facts and circumstances, found that no case for transfer of the proceedings is made out and accordingly dismissed the transfer petition.
Issues: The main issue was whether the proceedings should be transferred from one Family Court to another.
Ratio Decidendi: The court's decision was based on the lack of evidence or compelling reasons to support the transfer of the proceedings.
Final Decision: The transfer petition was dismissed by the court.
Legal Category Hierarchy
Advocates appeared:
Ms. Shashi Kiran, Advocate, Dr. Satish Chandra,Advocate, Mr. Arjun Sain, Advocate, Ms. Sangeeta Bhalla, Advocate, Ms. Surabhi Lata, Advocate, Mr. Sukesh Gosh, Advocate, Mr. Sarthak Chaturvedi, Advocate, Mr. Rohit Pandey, Advocate, Mr. Vaibhav Maheshwari, Advocate, Mr. Varad Dwivedi, Advocate, Ms. Munisha Anand, Advocate, Mr. Taqdees Sajad, Advocate, Mr. Rohit Gautam, Advocate, For the Appellant / Mr. Abhay Kumar Tayal, Advocate, For the Respondent.
Ms. Shashi Kiran, Advocate, Dr. Satish Chandra,Advocate, Mr. Arjun Sain, Advocate, Ms. Sangeeta Bhalla, Advocate, Ms. Surabhi Lata, Advocate, Mr. Sukesh Gosh, Advocate, Mr. Sarthak Chaturvedi, Advocate, Mr. Rohit Pandey, Advocate, Mr. Vaibhav Maheshwari, Advocate, Mr. Varad Dwivedi, Advocate, Ms. Munisha Anand, Advocate, Mr. Taqdees Sajad, Advocate, Mr. Rohit Gautam, Advocate, For the Appellant / Mr. Abhay Kumar Tayal, Advocate, For the Respondent.
Table of Contents
2. Petitioner seeks transfer of matrimonial proceedings to a different jurisdiction. (Para 1 , 3 )
3. The court found that the facts and circumstances on record did not justify the transfer of the proceedings. (Para 4 )
4. Transfer of proceedings is contingent upon the existence of sufficient grounds based on the facts and circumstances of the case. (Para 4 )
5. Transfer petition dismissed. (Para 5 )
6. What is the basis for deciding a transfer petition for matrimonial proceedings?
The court evaluates the facts and circumstances on record to determine if a sufficient case for the transfer of proceedings has been made out. (Para 4 )
ORDER
1. This transfer petition has been filed by the petitioner-wife seeking transfer of matrimonial case filed by the respondent-husband in the Court of Principal Judge, Family Court, Gautam Budh Nagar, Uttar Pradesh to the Court of Principal Judge, Family Courts, Karkardooma East District, Delhi
2. On 12.01.2022, notice was issued by this Court and an interim order was passed staying further proceedings pending before the Family Court at Gautam Budh Nagar, Uttar Pradesh.
3. We have heard learned counsel for the parties and perused the record.
4. Considering the facts and circumstances on the record, in our view, no case for transfer of the proceedings is made out.
5. The transfer petition is, accordingly, dismissed.
