Case Note & Summary
The dispute arose from a transfer petition filed by the petitioner-wife seeking to relocate proceedings under the Hindu Marriage Act, 1956 from Gorakhpur, Uttar Pradesh to Bhopal, Madhya Pradesh. The respondent-husband had initiated a petition under Section 9 of the Act in Gorakhpur, and the petitioner-wife, in her capacity as the wife, filed this transfer petition to move the case to Bhopal for convenience. Procedurally, notice was issued on 14.11.2018, staying the original proceedings, and subsequent orders noted service on the respondent and his non-appearance. The legal issue centered on whether the transfer should be granted under the court's discretionary powers, considering the respondent's lack of opposition and the petitioner's submissions. The petitioner argued for transfer based on convenience, while the respondent, though served, did not appear or oppose the petition, as noted in the context of pending proceedings under Section 125 of the Code of Criminal Procedure, 1973. The court analyzed the pleadings and submissions, concluding that the transfer request was justified due to the respondent's non-opposition and the overall circumstances. In its decision, the court allowed the transfer petition, ordering the transfer of H.M.A. No.493 of 2018 from Gorakhpur to Bhopal, with directions for expeditious disposal by 31.12.2022 and transmission of records.
Headnote
A) Family Law - Transfer of Proceedings - Convenience and Non-Opposition - Code of Civil Procedure, 1908, Section 25 - The petitioner-wife sought transfer of a petition under Section 9 of the Hindu Marriage Act, 1956 from Gorakhpur to Bhopal, citing convenience and lack of opposition from the respondent-husband, who was served but did not appear - The Court found the request justified based on pleadings and submissions, and allowed the transfer, directing expeditious disposal by the transferee court - Held that transfer is warranted when the respondent does not oppose and it serves the interests of justice (Paras 1-2).
Issue of Consideration
Whether the petition under Section 9 of the Hindu Marriage Act, 1956 filed by the respondent-husband in Gorakhpur should be transferred to Bhopal at the request of the petitioner-wife
Final Decision
Transfer petition allowed; H.M.A. No.493 of 2018 transferred from Gorakhpur to Bhopal; transferee court directed to decide expeditiously by 31.12.2022; records to be transmitted immediately
Law Points
- Transfer of proceedings under Section 25 of the Code of Civil Procedure
- 1908
- convenience of parties
- non-opposition by respondent
- expeditious disposal
