Tania Raha vs Subhajit Raha - 2025 Supreme(SC) 1474

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1474

SUPREME COURT OF INDIA
J.B. PARDIWALA AND R. MAHADEVAN, JJ.
Tania Raha - Appellant
Versus
Subhajit Raha - Respondent
Transfer Petition(Civil) No.1243 of 2024
Decided on : 03-01-2025

Headnote:(A) Code of Civil Procedure, 1908 - Transfer of Petition - The petitioner-wife sought transfer of a family court case from Bangalore to Hooghly. The respondent-husband chose not to appear in court. The court allowed the transfer, mandating efforts for amicable settlement before pursuing a decision. (Paras 1-5)

(B) Civil Procedure - Presence of Parties - The court emphasized that parties can appear via video conferencing, enhancing accessibility to judicial proceedings. (Paras 6-7)

Facts of the case:
The petition was filed by the appellant-wife to transfer a pending matrimonial case from Family Court in Karnataka to West Bengal, with the respondent-husband failing to appear.

Findings of Court:
The transfer petition was granted, and the case file is to be forwarded to the appropriate Family Court for resolution.

Issues: The key issues included the jurisdiction and the convenience of the parties involved, as well as the absence of the respondent in the proceedings.

Ratio Decidendi: The court underscored the need for facilitating an amicable settlement between parties, highlighting judicial efficiency and accessibility.

Result: Transfer Petition allowed.

ORDER :

1. This petition has been filed by the petitioner-wife seeking transfer of M.C. No.7768 of 2023 titled as " Subhajit Raha vs. Smt. Tania Raha " pending before the Principal Judge, Family Court, Bangalore, Karnataka to the Principal Judge, Family Court at Hooghly, West Bengal.

2. The respondent-husband, although served with the notice issued by this Court, yet has chosen not to remain present before this Court either in-person or through an advocate.

3. We allow the Transfer Petition and direct that the M.C. No.7768 of 2023 titled as " Subhajit Raha vs. Smt. Tania Raha " be transferred from the Principal Judge, Family Court, Bangalore, Karnataka to the Principal Judge, Family Court at Hooghly, West Bengal.

4. The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court.

5. The transferee court shall make all possible endeavours first for an amicable settlement between the parties, failing which for early decision in the matter without unnecessary adjournments.

6. The parties would be at liberty to appear in the proceedings before the Family Court through the video conferencing platform.

7. Pending application(s), if any, stand disposed of.

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