Case Note & Summary
The Supreme Court of India heard a transfer petition filed by the petitioner seeking transfer of a restitution of conjugal rights case from the Family Court at Visakhapatnam, Andhra Pradesh to the competent court at Lothagudem Bhadhradri, Kothagudem District, Telangana. The original petition for restitution of conjugal rights was filed by the respondent as FCOP No. 875 of 2020 titled 'Akkireddy Karteek Kumar vs Smt Akkireddy Nihaarika' before the Family Court-cum-V Additional District Judge at Visakhapatnam. The transfer petition was instituted seeking relocation of these proceedings. Notice was issued in the transfer petition on 1 March 2021. The Court considered the matter and determined that having regard to the interests of justice, an order for transfer of the proceedings was warranted. The Court allowed the transfer petition and directed that the restitution of conjugal rights petition pending before the Andhra Pradesh court be transferred to the Telangana court. The Court further provided that the parties were at liberty to apply before the transferee court for appearing through video conferencing mode. The records of the case were ordered to be transferred forthwith to the transferee court. All pending applications were disposed of accordingly.
Headnote
A) Civil Procedure - Transfer of Proceedings - Transfer Petition - Code of Civil Procedure, 1908 - The Supreme Court considered a transfer petition seeking transfer of a restitution of conjugal rights case from Andhra Pradesh to Telangana - The Court found that transfer was warranted having regard to the interests of justice and allowed the petition - Held that the proceedings be transferred and parties may apply for video conferencing (Paras 1-3).
Issue of Consideration
Whether the petition for restitution of conjugal rights should be transferred from the Family Court at Visakhapatnam, Andhra Pradesh to the competent court at Lothagudem Bhadhradri, Kothagudem District, Telangana
Final Decision
The transfer petition is allowed. The petition for restitution of conjugal rights (FCOP No. 875 of 2020) pending before the Family Court-cum-V Additional District Judge at Visakhapatnam, Andhra Pradesh is transferred to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana. Parties are at liberty to apply for video conferencing. Records to be transferred forthwith. Pending applications stand disposed of.
Law Points
- Transfer of proceedings under inherent powers
- interests of justice
- convenience of parties
- video conferencing facility
