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SUPREME COURT OF INDIA
Dr. Dhananjaya Y. CHANDRACHUD, CJI., J.B. Pardiwala, J.
Nitu Devi Somvanshi – Petitioner
versus
Rajendra Singh Somvanshi @ Tinku – Respondent
Transfer Petition(Civil) No 1877 of 2017 With Contempt Petition(Civil) No 397 of 2020
Decided On : 01-05-2023
Transfer Petition - Family Court Proceedings - The court allowed the transfer petition and directed the transfer of the proceedings from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana, considering the interests of justice.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking the transfer of proceedings from one family court to another.
Finding of the Court:
The court found that the transfer of proceedings was warranted in the interests of justice and allowed the transfer petition.
Issues: Transfer of Family Court Proceedings
Ratio Decidendi: The court considered the interests of justice as the primary factor in allowing the transfer of the proceedings.
Final Decision: The court allowed the transfer petition and directed the transfer of the proceedings to the specified Family Court in another jurisdiction.
ORDER
1. This transfer petition has been filed by the petitioner–wife for transfer of the proceedings in Petition No 308 of 2017 titled “Rajendra Singh Somvanshi @ Tinku vs Nitu Devi Somvanshi” from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana.
2. We have heard counsel appearing on behalf of the parties
3. Counsel appearing on behalf of the respondent states that the respondent has has no objection to the transfer of these proceedings.
4. Having regard to the interests of justice, we are of the view that an order for the transfer of the proceedings is warranted. We accordingly allow the transfer petition and direct that Petition No 308 of 2017 titled “Rajendra Singh Somvanshi @ Tinku vs Nitu Devi Somvanshi” be transferred from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana.
5. The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court.
6. After transfer of the petition, the transferee Court is requested to make all endeavour for an expeditious disposal of the petition without unnecessary adjournments.
7. Pending application(s), if any, stands disposed of.
Contempt Petition(Civil) No 397 of 2020
8. In view of the above order (in Transfer Petition(Civil) No 1877 of 2017), the contempt petition shall stand disposed of.
9. Pending application(s), if any, shall stand disposed of.
AI
The interests of justice are a primary consideration in determining the transfer of family court proceedings.
The court has the discretion to allow transfer petitions based on the convenience and circumstances of the parties involved.
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.
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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