1. Transfer petition seeking transfer of proceedings under Section 9 of the Hindu Marriage Act, 1955. (Para 1 )
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2022 Supreme(SC) 1619
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
Important Points
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.
Subject
Civil Law - Family Law
Act Referred
Headnote
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.
Legal Category Hierarchy
Advocates appeared:
Mr. Pradeep Kumar Kaushik, Advocate, Dr. Sushil Kumar, Advocate, Mr. M.C. Premi, Advocate, Mr. Arun Premi, Advocate, Mr. Rajiv Mangla, Advocate, For the Appellant / Mr. Divyesh Pratap Singh, Advocate, Mr. Vikram Pratap Singh, Advocate, Ms. Shivangi Singh, Advocate, Ms. Ishita Bedi, Advocate, For the Respondent.
Mr. Pradeep Kumar Kaushik, Advocate, Dr. Sushil Kumar, Advocate, Mr. M.C. Premi, Advocate, Mr. Arun Premi, Advocate, Mr. Rajiv Mangla, Advocate, For the Appellant / Mr. Divyesh Pratap Singh, Advocate, Mr. Vikram Pratap Singh, Advocate, Ms. Shivangi Singh, Advocate, Ms. Ishita Bedi, Advocate, For the Respondent.
Table of Contents
2. The court deemed it appropriate to allow the transfer petition after considering the facts and circumstances on record. (Para 4 )
3. Transfer petition allowed; proceedings transferred to the requested court; mediation directed; records ordered to be transmitted. (Para 5 , 6 , 7 , 9 )
4. Can the court direct the transferee court to explore settlement through mediation in a transfer petition?
Yes, the court may direct the transferee court to explore the possibility of settlement between the parties through the process of mediation. (Para 6 )
5. On what basis does the court decide a transfer petition for matrimonial proceedings?
The court decides the transfer petition by hearing the parties and considering the facts and circumstances on record. (Para 3 , 4 )
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.
