Case Note & Summary
The dispute involved a transfer petition filed by the wife seeking to relocate divorce proceedings initiated by the husband from Uttar Pradesh to Bihar. The wife, as petitioner, filed the transfer petition in the Supreme Court under its civil original jurisdiction, requesting that Divorce Petition No.656 of 2020, pending before the Principal Judge, Family Court in Kushinagar Padrauna, Uttar Pradesh, be transferred to the Family Court in Samastipur, Bihar. On September 27, 2021, the Supreme Court issued notice and passed an interim order staying further proceedings in the Uttar Pradesh court. After hearing learned counsel for both parties and perusing the record, the court considered the facts and circumstances and deemed it appropriate to allow the transfer petition. Consequently, the divorce petition was transferred to Bihar, with directions for the Uttar Pradesh court to transmit the entire record immediately and for the parties to appear before the Bihar court on September 12, 2022. The court also noted that any request for mediation referral should be considered by the concerned court. The transfer petition was allowed accordingly, with the Registry directed to send copies of the order for compliance.
Headnote
A) Civil Procedure - Transfer of Cases - Convenience of Parties - Code of Civil Procedure, 1908 - The petitioner-wife sought transfer of a divorce petition from Uttar Pradesh to Bihar for convenience - The Supreme Court considered the facts and circumstances and allowed the transfer, directing the Uttar Pradesh court to transmit records and the parties to appear in Bihar - Held that transfer is appropriate to ensure fair proceedings (Paras 1-2).
Issue of Consideration
Whether the divorce petition filed by the husband in Uttar Pradesh should be transferred to Bihar for the convenience of the wife
Final Decision
Transfer petition allowed; Divorce Petition No.656 of 2020 transferred from Family Court, Kushinagar Padrauna, Uttar Pradesh to Family Court, Samastipur, Bihar; Uttar Pradesh court directed to transmit entire record immediately; parties to appear before Bihar court on 12.09.2022; any mediation referral request to be considered by concerned court
Law Points
- Transfer of cases under inherent powers
- convenience of parties
- jurisdiction of family courts
