Case Note & Summary
The Supreme Court allowed a transfer petition seeking to move a family court case from Mumbai to Gujarat. The petitioner filed under Section 25 of CPC, 1908 requesting transfer of Petition No. A-2478 of 2018 from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat. After hearing both parties and considering the grounds, the Court directed the transfer and ordered immediate transfer of records. The Court also directed that video conferencing facilities be extended if available at the transferee court and disposed of all pending applications.
Headnote
The Supreme Court allowed a transfer petition filed under Section 25 of Code of Civil Procedure, 1908 (CPC) -- The petitioner sought transfer of Petition No. A-2478 of 2018 from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat -- After hearing both parties and considering grounds in transfer petition, Court directed transfer of case -- Ordered records be transferred without delay -- Directed transferee court to extend video conferencing facility if available -- Disposed of pending applications
Issue of Consideration
Whether the case pending in Family Court at Bandra, Mumbai should be transferred to Family Court at Bhavnagar, Gujarat
Final Decision
The Supreme Court allowed the transfer petition and directed transfer of Petition No. A-2478 of 2018 titled 'Pankajsinh Vikramsinh Jadeja Vs. Trushnaba Pankajsinh Jadeja' from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat. Ordered immediate transfer of records and directed transferee court to extend video conferencing facility if available. Disposed of all pending applications.
Law Points
- Transfer of cases under Section 25 of Code of Civil Procedure
- 1908 -- Consideration of convenience and grounds for transfer -- Discretionary power of Supreme Court in transfer petitions
Case Details
2026 LawText (SC) (01) 73
Transfer Petition (Civil) No. 684 of 2025
Pamidighantam Sri Narasimha J. , Alok Aradhe J.
Mr. Laxmikant Matadan Shukla, AOR, Mr. Ravinder Kumar, Adv., Ms. Suman Singh, Adv., Mr. Bhanu Pratap Singh, Adv.
Trushnaba Pankajsinh Jadeja
Pankajsinh Vikramsinh Jadeja
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Nature of Litigation
Transfer petition seeking relocation of family court proceedings
Remedy Sought
Petitioner seeking transfer of case from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat
Filing Reason
Grounds mentioned in transfer petition for convenience and other considerations
Previous Decisions
Case pending as Petition No. A-2478 of 2018 in Family Court at Bandra, Mumbai
Issues
Whether the transfer petition under Section 25 of CPC, 1908 should be allowed
Submissions/Arguments
Petitioner's grounds for transfer -- Respondent's appearance and submissions
Ratio Decidendi
The Supreme Court has discretionary power under Section 25 of CPC, 1908 to transfer cases when grounds for transfer are established and it serves the interests of justice and convenience of parties
Judgment Excerpts
The petitioner has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of Case bearing Petition No. A-2478 of 2018
Having heard learned counsel appearing for the petitioner and the respondent...we allow the transfer petition and direct the transfer of case
Let the record of the case be transferred without delay
If video conferencing facility is available with the transferee Court, the benefit of the same shall be extended to the parties
Procedural History
Petition filed under Section 25 of CPC, 1908 -- Hearing conducted with both parties represented -- Transfer petition allowed -- Transfer directed from Family Court at Bandra, Mumbai to Family Court at Bhavnagar, Gujarat -- Records ordered to be transferred -- Pending applications disposed of
Acts & Sections
- Code of Civil Procedure, 1908: Section 25
