1. Transfer petition seeking transfer of matrimonial proceedings from one family court to another. (Para 1 )
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2022 Supreme(SC) 1620
SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Saloni Agrawal – Appellant
Versus
Surbhit Mittal – Respondent
Transfer Petition (Civil) No. 1349 of 2021
Decided On : 05-09-2022
Important Points
The court has the discretion to allow the transfer of a case from one jurisdiction to another based on the facts and circumstances presented.
Subject
Civil Law - Matrimonial Law
Headnote
Transfer Petition - Matrimonial Case Transfer - The court allowed the transfer petition filed by the petitioner-wife to transfer the Matrimonial Case from the Court of Principal Judge, Family Court, Lucknow, Uttar Pradesh to the Family Court, Surat, Gujarat.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking to transfer the Matrimonial Case from Lucknow, Uttar Pradesh to Surat, Gujarat. An interim order was passed staying further proceedings pending before the Family Court at Lucknow.
Finding of the Court:
The court, after considering the facts and circumstances, allowed the transfer petition and directed the transfer of the Matrimonial Case to the Family Court, Surat, Gujarat.
Issues: The main issue was the transfer of the Matrimonial Case from one jurisdiction to another based on the petitioner's request.
Ratio Decidendi: The court's decision was influenced by the facts and circumstances on the record, and the respondent's choice not to enter appearance in the Court.
Final Decision: The Matrimonial Case No. 920 of 2021, pending before the Court of Principal Judge, Family Court, Lucknow, Uttar Pradesh, is transferred to the Family Court, Surat, Gujarat. The Family Court at Lucknow is directed to transmit the entire record to the transferee court immediately.
Legal Category Hierarchy
Advocates appeared:
Mr. Nachiketa Joshi, Advocate, Ms. Himadri Haksar, Advocate, Ms. Sucheta Joshi, Advocate, For the Appellant.
Mr. Nachiketa Joshi, Advocate, Ms. Himadri Haksar, Advocate, Ms. Sucheta Joshi, Advocate, For the Appellant.
Table of Contents
2. Petitioner seeks transfer of matrimonial case; respondent failed to appear despite service of notice. (Para 1 , 3 )
3. The court considered the facts and circumstances on record to allow the transfer. (Para 5 )
4. Transfer of matrimonial proceedings may be granted based on the facts and circumstances of the case. (Para 5 )
5. Transfer petition allowed; matrimonial case transferred to the requested family court with directions for record transmission. (Para 6 , 7 , 8 , 9 )
6. Under what conditions can a matrimonial case be transferred from one family court to another?
A matrimonial case may be transferred based on the facts and circumstances available on the record. (Para 5 )
7. Does the non-appearance of a respondent prevent the court from deciding a transfer petition?
No, the court may proceed to allow a transfer petition after notice has been served, even if the respondent chooses not to enter an appearance. (Para 3 , 5 )
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, Lucknow, Uttar Pradesh to the Family Court, Surat, Gujarat.
2. On 27.09.2021, notice was issued by this Court and an interim order was passed staying further proceedings pending before the Family Court at Lucknow.
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 to allow this transfer petition.
6. Consequently, the Matrimonial Case No. 920 of 2021, titled "Surbhit Mittal v. Saloni Agrawal", pending before the Court of Principal Judge, Family Court, Lucknow, Uttar Pradesh is transferred to the Family Court, Surat, Gujarat.
7. The Family Court at Lucknow 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.
