Case Note & Summary
The Supreme Court of India heard transfer petitions filed by Ashwini Kumar Upadhyay and others seeking to transfer two writ petitions pending before different High Courts to the Supreme Court. The petitioners sought transfer of WP(C) No 8905 of 2019 pending before the Delhi High Court and CW/13784/2019 pending before the Rajasthan High Court. The underlying issue in the main proceedings concerned uniformity in the minimum age of marriage for men and women across diverse legislations. During the hearing, Dr. Manish Singhvi, senior counsel appearing for the respondents, informed the court that CW/13784/2019 had been dismissed for want of prosecution by the Rajasthan High Court. In this backdrop, the Supreme Court allowed the transfer petitions by transferring only WP(C) No 8905 of 2019 from the Delhi High Court to the Supreme Court. The court disposed of the transfer petitions in terms of the signed order and also disposed of any pending applications. The court issued notice in Writ Petition (C) No 551 of 2021, allowed intervention applications in SLP (Crl) No 10036/2022, and listed the transferred case along with other connected matters for hearing on February 13, 2023.
Headnote
A) Civil Procedure - Transfer of Cases - Transfer Petition - Code of Civil Procedure, 1908 - Petitioners sought transfer of WP(C) No 8905/2019 from Delhi High Court and CW/13784/2019 from Rajasthan High Court to Supreme Court - Court allowed transfer of Delhi case after learning Rajasthan case had been dismissed for want of prosecution - Held that transfer petition was allowed in terms of signed order (Paras 1-4).
Issue of Consideration
Whether to transfer writ petitions pending before Delhi High Court and Rajasthan High Court to the Supreme Court regarding uniformity in minimum age of marriage for men and women
Final Decision
Allowed transfer petitions by transferring WP(C) No 8905 of 2019 pending before Delhi High Court to Supreme Court, disposed of transfer petitions in terms of signed order, disposed of pending applications, issued notice in Writ Petition (C) No 551 of 2021, allowed intervention applications in SLP (Crl) No 10036/2022, listed matters on 13 February 2023
Law Points
- Transfer of cases
- jurisdiction
- procedural disposal
