1. Transfer petition — Matrimonial proceeding — Request for transfer of case from one family court to another. (Para 1 )
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2025 Supreme(SC) 1504
SUPREME COURT OF INDIA
SUDHANSHU DHULIA AND AHSANUDDIN AMANULLAH, JJ.
Sunaina Sonkar - Appellant
Versus
Lalit - Respondent
Transfer Petition(S)(Civil) No.(S). 508 of 2024
Decided on : 02-01-2025
The Supreme Court allowed the transfer of a matrimonial petition from the Family Court, East District Karkardooma Court, Delhi, to the Family Court, Prayagraj, Uttar Pradesh, based on the facts and circumstances of the case.
Headnote:(A) Transfer of Proceedings - Jurisdiction and convenience - Petition filed by wife to transfer family court proceedings from Delhi to Prayagraj - Court found valid reasons for transfer based on facts and circumstances of the case - Fresh notice to be given by the transferee court - Parties may appear virtually unless physical presence is required. (Paras 1-5)
Facts of the case:
Appellant, a wife, sought transfer of a divorce petition pending in Delhi family court to Prayagraj for jurisdictional convenience.
Findings of Court:
Court concluded the matter should be transferred to ensure fair proceedings, allowing the transferee court to proceed from the current status of the case.
Issues: The main issue was the jurisdictional convenience for transferring the case to another family court.
Ratio Decidendi: The court emphasized the importance of jurisdictional convenience and accessibility for the parties involved, authorizing the transfer based on the circumstances presented.
Result: Transfer Petition allowed.
Legal Category Hierarchy
Table of Contents
2. Evaluation of facts and circumstances — Determination that the matter is liable to be transferred. (Para 3 )
3. Transfer of matrimonial proceedings based on the specific facts and circumstances of the case. (Para 3 )
4. Transfer petition allowed — Case transferred to the requested family court — Directions for fresh notice and virtual appearance. (Para 4 , 5 , 6 , 7 , 8 )
5. Can a matrimonial case be transferred from one family court to another?
Yes, the court may transfer a matrimonial petition between family courts after considering the facts and circumstances of the case. (Para 3 , 4 )
6. Can parties appear virtually in transferred family court matters?
Yes, parties may be permitted to appear virtually in the transferee court unless the court determines that their physical presence is required. (Para 6 )
ORDER :
1. This transfer petition has been filed by the petitioner wife seeking transfer of the petition bearing HMA No.969/2023 titled as "Lalit vs. Sunaina Sonkar" pending before the Family Court, East District Karkardooma Court, Delhi to the Family Court, Prayagraj, Uttar Pradesh.
2. Heard learned counsel for the petitioner and the respondent.
3. Considering the facts and circumstances of the case, we are of the view that the matter is liable to be transferred.
4. Accordingly, this Transfer Petition is allowed and the subject-case is hereby transferred to the Family Court, Prayagraj, Uttar Pradesh.
5. After the matter is transferred to the Family Court, Prayagraj, Uttar Pradesh, the concerned Court will give fresh notice to all the parties by fixing a date and the aforesaid matter shall proceed before the said Court from the stage it was left at the Family Court, East District Karkardooma Court, Delhi.
6. The parties may be allowed to appear virtually, unless their physical presence is required.
7. The records of the case be transferred to the transferee Court forthwith.
8. All pending applications stand disposed of.
