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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Aastha Manoj Sonwane – Appellant
Versus
Manoj Tukaram Sonwane – Respondent
Transfer Petition (Civil) No. 1478 of 2021
Decided On : 05-09-2022
Transfer Petition - Transfer of Proceedings under Section 9 of Hindu Marriage Act, 1955 - The court allowed the transfer petition filed by the petitioner-wife, transferring the proceedings from the Court of Principal Judge, Family Court at Nashik Road, Nashik, Maharashtra to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi. The Family Court at Dwarka was directed to explore the possibility of settlement between the parties through mediation, and the Family Court at Nashik was directed to transmit the entire record to the transferee court.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking transfer of the proceedings filed under Section 9 of the Hindu Marriage Act, 1955 from Nashik, Maharashtra to Dwarka, New Delhi. An interim order was passed staying further proceedings pending before the Family Court, Nashik Road, Nashik, Maharashtra.
Finding of the Court:
The court, after considering the facts and circumstances, deemed it appropriate to allow the transfer petition and consequently transferred the case to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi. The Family Court at Dwarka was directed to explore the possibility of settlement through mediation, and the Family Court at Nashik was directed to transmit the entire record to the transferee court.
Issues: Transfer of proceedings under Section 9 of the Hindu Marriage Act, 1955 from one jurisdiction to another.
Ratio Decidendi: The court considered the facts and circumstances and deemed it appropriate to allow the transfer petition, emphasizing the need for exploring the possibility of settlement through mediation.
Final Decision: The transfer petition was allowed, and the proceedings were transferred from Nashik, Maharashtra to Dwarka, New Delhi. The Family Court at Dwarka was directed to explore the possibility of settlement through mediation, and the Family Court at Nashik was directed to transmit the entire record to the transferee court.
ORDER
1. This transfer petition has been filed by the petitioner-wife seeking transfer of the proceedings filed under Section 9 of the Hindu Marriage Act, 1955 filed by the respondent-husband in the Court of Principal Judge, Family Court at Nashik Road, Nashik, Maharashtra to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi.
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, Nashik Road, Nashik, Maharashtra.
3. We have heard learned counsel for the parties and perused the record.
4. Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.
5. Consequently, Civil Petition No. A-222/21, titled as "Manoj Tukaram Sonwane v. Aastha Manoj Sonwane", pending before the Principal Judge, Family Court, Nashik Road, Nashik, Maharashtra is transferred to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi.
6. The Family Court at Dwarka is directed to explore the possibility of settlement between the parties through the process of mediation.
7. The Family Court at Nashik 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 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 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 transfer a marriage case from one jurisdiction to another under the Hindu Marriage Act, considering the convenience and practicality for the parties involved.
The court can allow the transfer of a suit under the Hindu Marriage Act from one Family Court to another based on the consent of both parties and can direct the transferee court to dispose of the sui....
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 ....
Transfer of marriage petition granted based on sufficient cause under Section 25 CPC.
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