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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Pinki – Appellant
Versus
Abhishek Kumar Singh – Respondent
Transfer Petition (Civil) No. 1418 of 2021
Decided On : 05-09-2022
Transfer Petition - Family Court Transfer - The court allowed the transfer petition filed by the petitioner-wife to transfer the case from the Court of Principal Judge, Family Court, Gurugram, Haryana to the Family Court, Arwal, Bihar.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking to transfer the case filed by the respondent-husband in the Court of Principal Judge, Family Court, Gurugram, Haryana to the Family Court, Arwal, Bihar.
Finding of the Court:
The court, after considering the facts and circumstances, allowed the transfer petition and directed the transfer of the case to the Family Court, Arwal, Bihar.
Issues:
Ratio Decidendi: The court considered the convenience and circumstances of the parties and deemed it appropriate to allow the transfer petition.
Final Decision: The transfer petition was allowed, and the case filed by the respondent-husband in the Court of Principal Judge, Family Court, Gurugram, Haryana was transferred to the Family Court, Arwal, Bihar.
ORDER
1. This transfer petition has been filed by the petitioner-wife seeking transfer of the petition being H.M.A. No. 878 of 2020 filed by the respondent-husband in the Court of Principal Judge, Family Court, Gurugram, Haryana to the Family Court, Arwal, Bihar.
2. On 27.09.2021, notice was issued by this Court and an interim order was passed staying further proceedings pending before the Principal Judge, Family Court, Gurugram, Delhi.
3. According to the office report, service of notice has been effected upon the respondent. However, the respondent has chosen not to enter appearance in this Court.
4. We have heard learned counsel for the petitioner and perused the record.
5. Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.
6. Consequently, the petition being H.M.A. No. 878 of 2020 filed by the respondent-husband in the Court of Principal Judge, Family Court, Gurugram, Haryana is transferred to the Family Court, Arwal, Bihar.
7. The Family Court at Gurugram is directed to transmit the entire record to the transferee court immediately.
8. The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.
9. This transfer petition is allowed accordingly.
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 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 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 authority to allow the transfer of a case from one jurisdiction to another under Section 281 of the Muslim Law based on the facts and circumstances of the case.
The court considered the convenience of the parties and allowed the transfer based on the respondent's statement of no objection to the proceedings being transferred to the Family Court at Nashik.
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 court has the discretion to allow the transfer of a case from one jurisdiction to another based on the facts and circumstances presented.
The court will only transfer proceedings if there is sufficient evidence or compelling reasons to support the transfer.
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