1. Transfer petition for transfer of matrimonial proceedings from one family court to another. (Para 1 )
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2022 Supreme(SC) 1621
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
Important Points
The court has the discretion to allow transfer petitions based on the convenience and circumstances of the parties involved.
Subject
Civil Law - Family Law
Headnote
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.
Legal Category Hierarchy
Advocates appeared:
Mr. Tarun Verma, Advocate, Mr. Rakesh Kumar Yadav, Advocate, Mr. Bacha Babu Mistri, Advocate, Mr. Mithilesh Kumar Singh, Advocate, For the Appellant.
Mr. Tarun Verma, Advocate, Mr. Rakesh Kumar Yadav, Advocate, Mr. Bacha Babu Mistri, Advocate, Mr. Mithilesh Kumar Singh, Advocate, For the Appellant.
Table of Contents
2. Petitioner seeks transfer of matrimonial proceedings to a different jurisdiction. (Para 1 , 4 )
3. The court evaluated the facts and circumstances on record to determine the appropriateness of the transfer. (Para 5 )
4. Matrimonial proceedings may be transferred between family courts based on the facts and circumstances of the case. (Para 5 )
5. Transfer petition allowed; proceedings transferred to the requested family court with directions for record transmission. (Para 6 , 7 , 8 , 9 )
6. Can a matrimonial petition be transferred from one family court to another?
Yes, the court may allow the transfer of a matrimonial petition from one family court to another based on the facts and circumstances of the case. (Para 5 , 6 )
7. What is the procedure for case records following a transfer order?
The court directs the transferring court to transmit the entire record to the transferee court immediately to ensure the continuation of proceedings. (Para 7 )
8. Can a transfer petition be decided if the respondent fails to appear?
Yes, if notice has been duly served and the respondent chooses not to appear, the court may proceed to decide the petition based on the record. (Para 3 , 5 )
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.
