The court may transfer cases under Section 25 CPC when sufficient cause is established, ensuring convenience and justice for the parties involved.

Headnote:(A) Code of Civil Procedure, 1908 - Section 25 - Transfer of petition - The petitioner, wife, seeks transfer of H.M.A. No.530/2016 from Jaunpur to Kashipur due to sufficient cause established - Respondent-husband did not contest the petition - Transfer allowed as warranted. (Paras 1-6)

(B) Transfer of cases - The court has the authority to transfer cases for the convenience of parties and to ensure justice is served. (Paras 4-6)

Facts of the case:
The petitioner filed a transfer petition under Section 25 CPC for transferring a matrimonial case pending in Jaunpur to Kashipur, citing sufficient cause, with the respondent not appearing to contest.

Findings of Court:
The court found sufficient cause for the transfer and allowed the petition.

Issues: The main issue was whether sufficient cause was established for the transfer of the matrimonial case.

Ratio Decidendi: The court ruled that the transfer was justified due to the absence of the respondent and the sufficient cause presented by the petitioner.

Result: Transfer Petition stands allowed.

ORDER

1. By way of this petition filed under Section 25 CPC, the petitioner - wife seeks transfer of H.M.A. No.530/2016 titled “Pradeep Kumar vs Neelam Arya” filed by the respondent – husband, pending before the Additional Principal Judge, Family Court-I, Jaunpur, U.P. to the Court of Family Judge, Family Court, Kashipur Camp, District Uddham Singh Nagar, Uttrakhand.

2. Despite service of notice, the respondent - husband has not chosen to enter appearance before this Court to contest this Transfer Petition.

3. None is present for the respondent – husband when the matter is called out today.

4. Sufficient cause having been made out by the petitioner – wife, warranting transfer of the case, as prayed for by her, the Transfer Petition deserves to be allowed.

5. Consequently, H.M.A. No.530/2016 titled “Pradeep Kumar vs Neelam Arya” pending before the Additional Principal Judge, Family Court-I, Jaunpur, U.P. is ordered to be transferred to the Court of Family Judge, Family Court, Kashipur Camp, District Uddahm Singh Nagar, Uttrakhand.

Digitally signed by VISHAL ANAND Date: 2024.04.25 16:53:44 IST Reason:

Signature Not Verified

6. The Transfer Petition stands allowed accordingly.

7. The entire record pertaining to H.M.A No.530/2016 shall be transmitted forthwith by the transferor court to the transferee court …………………………………………J (BELA M. TRIVEDI) …………………………………………J (PANKAJ MITHAL) NEW DELHI 24TH APRIL, 2024.

ITEM NO.6 COURT NO.15 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(Civil) No.3380/2023 NEELAM ARYA Petitioner(s) VERSUS PRADEEP KUMAR Respondent(s) (IA No. 264377/2023 - EX-PARTE STAY) Date : 24-04-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Jagrati Singh, AOR Mr. Romil Pathak, Adv. Mr. C Aravind, Adv. Mr. Subramaniam S, Adv. Mrs. Neha Pathak, Adv. Mr. Janani B, Adv. Mr. Prashant Chaturvedi, Adv. Mr. Govind Gethalia, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R

1. The Transfer Petition stands allowed, in terms of the signed order.

2. Pending application also stands disposed of.

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2024 Supreme(Online)(SC) 5894

SUPREME COURT OF INDIANEELAM ARYA – AppellantVersusPRADEEP KUMAR – RespondentT.P.(C) No.-003380 / 2023

The court may transfer cases under Section 25 CPC when sufficient cause is established, ensuring convenience and justice for the parties involved.

SUPREME COURT OF INDIA
NEELAM ARYA – Appellant
Versus
PRADEEP KUMAR – Respondent
T.P.(C) No.-003380 / 2023