Case Note & Summary
The dispute arose from a transfer petition filed by the petitioner-wife seeking to relocate proceedings under Section 9 of the Hindu Marriage Act, 1955, initiated by the respondent-husband in the Family Court at Nashik, Maharashtra, to the Family Court at Dwarka, New Delhi. The petitioner-wife filed the transfer petition, and on 27.09.2021, the Supreme Court issued notice and passed an interim order staying further proceedings in the Nashik court. The core legal issue was whether the transfer should be granted based on the facts and circumstances. The arguments were not detailed in the judgment, but the court heard learned counsel for both parties. In its analysis, the Supreme Court perused the record and considered the facts and circumstances, deeming it appropriate to allow the transfer. The court emphasized the possibility of settlement through mediation. The decision allowed the transfer petition, transferring Civil Petition No.A-222/21 from the Principal Judge, Family Court, Nashik Road, Nashik, Maharashtra to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi. The court directed the Dwarka Family Court to explore mediation, the Nashik Family Court to transmit records, and the Registry to send copies for compliance.
Headnote
A) Family Law - Transfer of Proceedings - Section 9 Hindu Marriage Act, 1955 - Transfer Petition - Petitioner-wife sought transfer of proceedings from Nashik, Maharashtra to Dwarka, New Delhi - Supreme Court allowed the transfer petition after hearing parties and perusing record, directing transfer of pending case - Held that transfer is appropriate considering facts and circumstances, with directions for mediation and record transmission (Paras 1-2).
Issue of Consideration
Whether the proceedings under Section 9 of the Hindu Marriage Act, 1955 should be transferred from the Family Court at Nashik, Maharashtra to the Family Court at Dwarka, New Delhi
Final Decision
Transfer petition allowed; Civil Petition No.A-222/21 pending before Principal Judge, Family Court, Nashik Road, Nashik, Maharashtra transferred to Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi; Family Court at Dwarka directed to explore settlement through mediation; Family Court at Nashik directed to transmit entire record; Registry directed to send copy of Order to both Courts
Law Points
- Transfer of proceedings under Section 9 of Hindu Marriage Act
- 1955
- based on convenience and circumstances
- court's discretion to transfer cases for settlement through mediation
