MANMOHAN, DIPANKAR DATTA
Kirti Singh – Appellant
Versus
Dhananjay Lakshmikant Singh – Respondent
ORDER :
Transfer Petition (Civil) No.3255 of 2023
1. The marriage between the petitioner, Kirti Singh, and the respondent, Dhananjay Lakshmikant Singh, was solemnized on 20th November, 2021. No child is born to them from such wedlock. However, after marriage, the parties have since drifted apart owing to differences arising by and between them.
2. The respondent has instituted proceedings under Section 13(1)(i-a) of the HINDU MARRIAGE ACT , 1955, bearing M.P. No.52 of 2023 titled "Dhananjay Lakshmikant Singh V. Kirti Dhananjay Singh" before the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra.
3. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra to the court of the Principal Judge, Family Court at Varanasi, Uttar Pradesh.
4. We have heard Mr. Satyaveer Singh, learned counsel appearing for the petitioner as well as Mr. Shreeyash U Lalit, learned counsel appearing for the respondent.
5. We are satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court of the Civ
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 may consider the overall circumstances and convenience of the parties in deciding the transfer of a suit under Section 24 CPC.
The court has the authority to transfer family law proceedings to ensure convenience and justice for the parties involved, especially when significant hardship is present.
The court allowed the transfer of a family case to ensure the petitioner's convenience and participation in the proceedings.
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