Case Note & Summary
The Supreme Court of India heard a transfer petition filed under Section 25 of the Code of Civil Procedure, 1908. The petitioner-wife sought transfer of Divorce Petition No. 10/2017, filed by the respondent-husband in the Court of Additional District & Session Judge, Lalsot, District Dausa, Rajasthan, to a competent court at Ghazipur, Uttar Pradesh. The court considered the facts, circumstances, and material on record. After hearing learned counsel for both sides and perusing the record, the court found the prayer for transfer justified. Consequently, the court ordered the transfer of the divorce petition from Rajasthan to Ghazipur, Uttar Pradesh. The Additional District and Sessions Court at Rajasthan was directed to transmit the entire record to the transferee court immediately. The transferee court was instructed to decide the case expeditiously. The Registry was directed to send copies of the order to both courts by email for compliance. The transfer petition was allowed accordingly.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 25 Code of Civil Procedure, 1908 - The Supreme Court allowed a transfer petition filed by the wife seeking transfer of divorce proceedings from Rajasthan to Uttar Pradesh - Held that considering facts and circumstances, the transfer was justified to ensure convenience and expeditious disposal (Paras 1-2).
Issue of Consideration
Whether the divorce petition filed by the husband in Rajasthan should be transferred to Ghazipur, UP at the wife's request
Final Decision
Transfer petition allowed. Divorce Petition No. 10/2017 transferred from Court of Additional District & Session Judge, Lalsot, District Dausa, Rajasthan to competent court at Ghazipur, UP. Rajasthan court directed to transmit entire record immediately. Transferee court to decide case expeditiously.
Law Points
- Transfer of proceedings under Section 25 CPC
- convenience of parties
- expeditious disposal
