Case Note & Summary
The dispute involved a transfer petition filed by the petitioner seeking to relocate a matrimonial suit from Meerut, Uttar Pradesh to Dehradun, Uttarakhand. The petitioner, a resident of Dehradun, initiated the transfer on grounds of convenience. The respondent had been served notice, as recorded in the office report. The core legal issue was whether the suit should be transferred based on the petitioner's residence. The petitioner's counsel argued for transfer due to the petitioner's location in Dehradun. The court analyzed the matter, noting the completed service and the petitioner's residence. It reasoned that the petitioner's convenience warranted transfer, applying principles under the Code of Civil Procedure, 1908. The court allowed the transfer petition, directing that Original Matrimonial Suit No. 1125/2019, titled Rajeev Jindal vs. Smt. Manisha Jain, pending in the Family Court of Principal Judge, Meerut, Uttar Pradesh, be transferred to the Court of the Principal Judge, Family Court, Dehradun, Uttarakhand.
Headnote
A) Civil Procedure - Transfer of Suits - Convenience of Parties - Code of Civil Procedure, 1908, Section 25 - Petitioner, a resident of Dehradun, Uttarakhand, sought transfer of divorce petition from Meerut, Uttar Pradesh - Court considered petitioner's residence and allowed transfer for convenience - Held that a case is made out to transfer the petition to the competent court at Dehradun (Paras 1-2).
Issue of Consideration
Whether the matrimonial suit should be transferred from Meerut, Uttar Pradesh to Dehradun, Uttarakhand for the convenience of the petitioner
Final Decision
Transfer Petition allowed; Original Matrimonial Suit No. 1125/2019 titled Rajeev Jindal vs. Smt. Manisha Jain pending in the Family Court of Principal Judge, Meerut, Uttar Pradesh transferred to the Court of the Principal Judge, Family Court, Dehradun, Uttarakhand
Law Points
- Transfer of matrimonial suits
- convenience of parties
- jurisdiction under Code of Civil Procedure
- 1908
