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Checking relevance for Eluri Raji Reddy VS State Of Delhi...
Eluri Raji Reddy VS State Of Delhi - 2004 0 Supreme(SC) 477 : In a matrimonial matter, a transfer from one district to another can be granted if it is in the interest of justice and for the better convenience of the parties. In this case, the court allowed the transfer of matrimonial proceedings (including a petition under Section 13(1)(ia) of the Hindu Marriage Act and a maintenance petition under Section 125 Cr. P. C.) from the Court of Metropolitan Magistrate, New Delhi to the Court of District and Sessions Judge, Karimnagar District, Andhra Pradesh, based on the principle that such transfer would serve the convenience of the parties and the interest of justice. The court explicitly held that the cause of action arose in Andhra Pradesh, and the wife’s residence and the matrimonial home were located there, making the transfer appropriate despite her filing proceedings in Delhi. The transfer was granted even though the wife had filed a counter-transfer petition to move the case to Delhi, which was dismissed.Checking relevance for Vandana Sharma VS Rakesh Kumar Sharma...
Vandana Sharma VS Rakesh Kumar Sharma - 2008 0 Supreme(SC) 1255 : A matrimonial proceeding can be transferred from one district to another if there are just and proper reasons, such as significant difficulties faced by a party (particularly the wife) in attending court due to residence in a distant location with minor children. In this case, the court allowed transfer of a matrimonial case from Delhi to Panchkula (Haryana) because the wife resided in Panchkula with her two minor daughters— including one who was only 7 months old—and it would be extremely difficult for her to travel to Delhi without male accompaniment. The court held that such hardship constitutes a valid ground for transfer under procedural fairness principles.Checking relevance for Molly Joseph Alias Nish VS George Sebastian Alias Joy...
Checking relevance for Md. Shahabuddin VS State of Bihar...
Md. Shahabuddin VS State of Bihar - 2010 2 Supreme 562 : Under Section 9(6) of the Code of Criminal Procedure, 1973, the High Court has administrative power to determine the place or places where the Court of Sessions shall ordinarily hold its sittings. This power is not subject to the rule of audi alteram partem (right to be heard) and does not require the consent of the parties. In the context of a matrimonial matter, if a transfer of jurisdiction from one district to another is sought, the High Court may exercise this administrative power to shift the venue of trial to another district, provided it is done under the first part of Section 9(6). However, such a transfer is not a ''''transfer'''' under Section 407 of the CrPC, which applies only when a case is removed from one court''''s jurisdiction and placed under another''''s. A mere change in venue without altering jurisdiction does not trigger the procedural requirements of Section 407. Therefore, a matrimonial matter can be transferred from one district to another by the High Court through administrative notification under Section 9(6), without the need for prior hearing or consent, as long as it is done in the interest of administrative convenience and justice.Checking relevance for Sabita Shashank Singh VS Shashank Shekhar Singh...
Checking relevance for Shayara Bano VS Union of India...
Checking relevance for SUNITA BALI VS ASHOK BALI...
SUNITA BALI VS ASHOK BALI - 1986 0 Supreme(Raj) 177 : Under Section 21a(2)(b) of the Hindu Marriage Act, 1955, read with Section 23(3) of the Code of Civil Procedure, 1908, a matrimonial petition filed later in one district court may be transferred to the district court where an earlier petition under the same Act was filed, even if the courts are in different districts or states. The application for such transfer must be made to the High Court within the local limits of whose jurisdiction the court where the later petition was filed is situated. In such cases, both petitions shall be heard and disposed of together by the court where the earlier petition was filed.Checking relevance for S. Poongodi VS Selvakumar...
S. Poongodi VS Selvakumar - 2023 0 Supreme(Mad) 182 : In matrimonial matters, a petition for transfer of a case from one district to another is permissible, particularly when the wife is facing hardship in traveling to the original jurisdiction. The court may transfer a case pending before a Subordinate Judge in one district to another Subordinate Judge in a different district, especially when the petitioner (wife) is residing in the new district and faces financial or logistical difficulties in contesting the case. The transfer is justified under Section 19(iii-a) of the Hindu Marriage Act, which allows the wife to file or defend proceedings in the jurisdiction where she resides. The High Court has consistently held that such provisions are meant to protect women from harassment and undue burden, and courts should give them a meaningful interpretation. In this case, the petition for transfer of HMOP No.219 of 2020 from Sivakasi, Virudhunagar District to Thiruvottiyur, Thiruvallur District was allowed due to the petitioner''''s unemployment, dependence on parents, and residence in the new district, making it impractical for her to travel and contest the case. The court directed the transfer of case papers within four weeks of receiving the order.
