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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
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.
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.
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 the transfer of a case from one jurisdiction to another based on the facts and circumstances presented.
Judicial authority to transfer transfer cases based on convenience and justice as per statutory provisions.
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.
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.
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