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UDAY UMESH LALIT, S. RAVINDRA BHAT
Surbhi Goyal (Agrawal) – Appellant
Versus
Ashutosh Banka – Respondent
ORDER
1. This transfer petition has been filed by the petitioner-wife seeking transfer of Divorce Petition filed by the respondent-husband in the Court of Principal Judge, Family Court, Kushinagar Padrauna, Uttar Pradesh to the Family Court, Samastipur, Bihar.
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, Kushinagar, Padrauna, Uttar Pradesh.
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, Divorce Petition No. 656 of 2020, titled "Ashutosh Banka v. Surbhi Goyal (Agrawal)", pending before the Judge, Family Court, Kushinagar Padrauna, Uttar Pradesh is transferred to the Family Court, Samastipur, Bihar.
6. The Family Court at Kushinagar Padrauna, Uttar Pradesh is directed to transmit the entire record to the transferee court immediately.
7. The parties shall appear before the Family Court at Samastipur, Bihar on 12.09.2022.
8. In case of any request having been made for referral of the matter to the mediation centre, the same shall be considered
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.
In the larger interest of justice, the court can order the transfer of a case while also directing the conduct of proceedings to ensure effective participation of both parties and expeditious resolut....
The court has the authority to transfer proceedings from one court to another jurisdiction under Section 25 of the Code of Civil Procedure, 1908, based on justified requests and considering the facts....
The court established that the convenience of the parties, especially in family law matters involving children, is a significant factor in determining the venue for legal proceedings.
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.
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