Hindu Marriage Act, 1955, Section 13(1)(ia)—Transfer Petition—Transfer of Matrimonial—The petitioner sought transfer of H.M.A. No. 581 of 2024 titled “Ritesh Singh vs. Mahima Singh” filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Ghaziabad, Uttar Pradesh, to the Principal Judge, Family Court, Karkardooma Court, Delhi—The respondent raised no objection to the transfer—The Supreme Court allowed the Transfer Petition and directed the Registry to communicate the order to the respective courts for necessary action—Pending applications, if any, stand disposed of. ...
Civil Procedure Code, 1908—S. 25—This transfer petition under Section 25 of the CPC read with Supreme Court Rules sought transfer of divorce proceedings (HMA No.1200/2024) from Jaipur to Delhi—The petitioner-husband and respondent-wife, both lawyers, married in 2015 and separated in March 2022—Despite brief reconciliation efforts and mediation ordered by the Court, the marriage failed to revive—The wife later filed an application under Article 142 of the Constitution seeking divorce on the ground of irretrievable breakdown of marriage—Citing Shilpa Sailesh v. Varun Sreenivasan, the Court reaffirmed that divorce on this ground is discretionary and must be based on convincing evidence of an emotionally dead and unworkable marriage—Considering the separation of over three years, absence of children, ...
Transfer petition. Constitution of India, Article—Transfer petition—The Mediation report dated 23rd October, 2024 has been received from the Supreme Court Mediation Centre—As per the mediation report, mediation between the parties has not resulted to any settlement—In view of the facts and circumstances of the case, it would be expedient for the ends of justice to transfer the subject-case as asked for by the petitioner-wife. (Paras 3,4) Result :- Allowed. ...
Penal Code, 1860 (IPC)—Sections 323, 307, 341—The petitioner-wife seeks to transfer Case No. 1293/2022 filed by the respondent-husband from the Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate at Ghaziabad, Uttar Pradesh, to the Court of the Chief Judicial Magistrate, Aurangabad, Bihar—The respondent has been contesting a complaint case lodged by the petitioner under Sections 323, 307, 341, 379, 498-A and 120-B, Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961 in a court at Aurangabad, Bihar. Additionally, a maintenance case instituted by the petitioner under Section 125, Cr. PC is pending in a court at Aurangabad, which the respondent has been contesting—The parties were referred to the Mediation Centre, but mediation failed—The transfer petition i...
Petitioners sought transfer of cases from Noida to Mumbai—After hearing counsel, matters were referred to the Supreme Court Mediation Centre for settlement—However, mediation failed—Transfer Petitions are dismissed, and all pending applications are disposed of. ...
The petitioner-wife filed a transfer petition to transfer a Divorce Petition titled "Manu Sharma vs. Ankita Sharma" from the Additional Family Court to the Family Court in Narnaul, District Mahendergarh, Haryana—The parties were referred to the Supreme Court Mediation Centre, where they reached a settlement on certain terms and conditions—The terms include the respondent-husband paying the petitioner-wife Rs. 14,50,000/- and 1 Gold Ring, Silver Idols- towards her claims—They also agreed to move an application jointly before the Supreme Court under Article 142 of the Constitution of India for invoking inherent powers of the Supreme Court praying for divorce by mutual consent—If the Supreme Court does not grant permission, both parties will file a first motion before the Competent Court at Gurgaon, Haryana,...
The petition seeks to transfer the case "Mrinal Acharjee Vs. Sharmishtha Das" from the Additional Principal Judge, Additional Family Court, Dhanbad, Jharkhand, to the District Court at Serampore, Hooghly, West Bengal—The petitioner-wife, who has to care for her widowed mother and ailing son, fears life threats and is unable to defend the proceedings due to long distance—The court allows the transfer, transfers case records, and allows the respondent to attend proceedings virtually. ...
The petition seeks to transfer Case No. 119 of 2024, "Pankaj Kumar Sharma Vs. Lalita", from the Additional Principal Judge, Family Court, Chirawa, District Jhunjhunu, Rajasthan, to the Family Court, District Jhajjar, Haryana—The petitioner-wife, who has a three-year-old child, is unable to defend the proceedings due to long distance—The court allows the transfer, transfers case records, and allows the respondent to attend proceedings virtually. ...
The marriage between Tanvi Vijayakumar Nair @ Dr. Tanvi V. Nair and Rahul S. Kumar was dissolved in 2014, and the couple has since separated due to differences—The petitioners have filed proceedings under various laws, requesting a transfer of the proceedings from Thiruvananthapuram to Bengaluru, Karnataka—The respondent has not appeared or filed any counter affidavits, and the court believes the respondent has no serious objection to the transfer—The court also believes the inconvenience of continuing the proceedings in Thiruvananthapuram is in the interest of justice—The transfer petition is allowed, and the records of the original petition will be transferred to the transferee court—The parties are directed to appear before the transferee court on February 12, 2025, and the presiding officer will attempt t...
Case transferred. Protection of Women from Domestic Violence Act, 2005—Constitution of India, Article 139A—Transfer of Domestic Violence Act complaint—To wife's place—instant transfer petition stands allowed. (Para 6) Criminal law—quasi criminal proceedings, scope of—Proceedings under the D.V. Act are quasi criminal proceedings which do not have any penal consequence except where there is a violation or breach of a protection order—Therefore, the learned Magistrate was absolutely unjustified in directing issuance of bailable warrants against the petitioner. (Para 5) Result:- instant transfer petition stands allowed. ...
The parties have agreed to refer their dispute to the Supreme Court Mediation Centre for amicable settlement—The parties will appear before the Mediator on 16.01.2025 and can use video conferencing—The mediator will list the matters after the report—Further proceedings in PWDVA No.99/2024 and H.M.O.P. No.388/2024 will be stopped. ...
The petitioner filed a transfer petition for a case pending in the Family Courts of Viskhapatnam, Andhra Pradesh, to the Family Courts of Parlakhemundi, Odisha—The court allowed the transfer petition and directed the case to be transferred without delay—The order was sent to the concerned court for compliance—If video conferencing is available, the parties would benefit from it—The transfer petition was dismissed, and any pending applications were disposed of. ...
The petitioner-wife seeks to transfer the Divorce Petition filed by her husband, Case No. HMA 1572 of 2024, titled "Anand Bharti vs. Neha Sharma," from the Principal Judge, Family Court - 01, South West, Dwarka Courts, Delhi, to the Principal Judge, Family Court at Gwalior, Madhya Pradesh—The respondent-husband has chosen not to appear in person or through an advocate—The transfer petition is allowed, and the entire case record will be transmitted to the transferee court. ...
The court has dismissed a transfer petition filed by a petitioner-wife seeking to transfer the application filed by the respondent-husband for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, titled "Vikas Chaudhary Vs. Anju Dagar"—The court considered the distance between the two courts, the petitioner's work as a teacher, and the existing maintenance petition—The court directed the transfer of the case from the Principal Judge, Family Court, Bijnor, Uttar Pradesh, to the competent Court at Panchkula, Haryana—The respondent-husband was granted liberty to participate in the proceedings virtually—The transfer petition was allowed, and any pending applications were disposed of—The court also dismissed the transfer petition. ...
The petitioner-wife seeks to transfer HMA No. 256/2023, titled "Dr. Nitya Prakash v Pehal Choudhary", from the Principal Judge, Family Court, Kharar, S.A.S Nagar (Mohali), Punjab, to the Principal Judge, Family Court, Jaipur City, Rajasthan—The respondent-husband has not been present in person or through an advocate—The transfer petition is allowed, and the entire case record will be transmitted to the transferee court. ...
Transfer petition dismissed. Hindu Marriage Act, 1955—Sections 13(1)(a), 21A—Transfer petition by wife—Point for determination to know Territorial jurisdiction—High Court Bench, which can hear Appeal, only have the power to Transfer the case—This Court is of the considered view that since Lucknow Bench would be the appellate court competent to hear the appeals against an order passed by Family Court situated in any of the courts subordinate to it and functional within its/their territorial limits of jurisdiction, the transfer application in relation to a case pending within those territories shall lie before the Lucknow Bench being the appellate court and not before the principal seat at Allahabad where such an appeal would be incompetent. (Para 15) Result:- Transfer petition dismissed. ...
Transfer petition. Code of Civil Procedure, Section 24—Transfer petition by wife—To transfer the Restitution of Conjugal rights petition filed by the husband, to her place—In the present case, the fairness of judicial proceedings is not questioned by the applicant, but on the ground of conveniency, the applicant is keen to transfer the Family Suit from Rajkot to Surat—In light of this position, the Court cannot ignore inconveniency of party, more particularly, the applicant being a lady, who requires more safety and security in journey from unwarranted elements and further, the applicant being lady one minor child, who faced much more incoveniency during journey from her current place i.e. from Surat to Rajkot—In view of the above circumstances, and considering the facts narrated herein above which is suff...
Transfer petition. Civil Procedure Code, Sections 24, 25—Transfer of Guardianship petition—It is pertinent to mention that the child born from the wedlock of the parties, is in the custody of the respondent—On account of matrimonial discord, there are three cases pending—One relating to the petition filed under Section 25 of the Guardians and Wards Act, qua which, the present application has been filed—This case is pending before Family Court (Camp Court) Sunam, District Sangrur—The said petition was initially filed by the applicant at Sangrur—However, in pursuance of the reference made by learned Family Court, Sangrur, on the aspect of jurisdiction, the same was transferred to Family Court Sunam, District Sangrur, vide order dated 21.07.2023—However, the applicant has filed the...
Transfer petition. Civil Procedure Code, Sections 24, 25—Transfer petition—Cross TPs filed by Husband and wife—Wife is Police department employee and may influence cases—The applicant is an employee of the Police Department—Therefore, the exercise of influence by the applicant to cause harassment to the respondent, as such, cannot be ruled out, more particularly, considering the earlier FIR bearing No.127 dated 18.06.2018, under Section 473 IPC, got lodged by her at Police Station Mataur, SAS Nagar, Mohali, having been quashed—Thus her convenience is rejected—Her TP dismissed—TP Filed by Husband allowed. (Paras 5, 6) Result :- TP Allowed. ...
Transfer petition—Code of Civil Procedure, 1908, Section 24—Transfer petition by Wife, to transfer petition for Restitution of Conjugal Rights—While adjudicating a transfer petition initiated by the wife in the context of a matrimonial dispute, the Court must take into account a comprehensive array of the following factors—Economic condition and earning capacity of the parties, i.e. husband and wife—Social standing of the wife and her dependency on her parents—Custody of any minor children involved—Applying the principles of law, directions issued to transfer the case. (Paras 6, 7) Result :- TP Allowed. ...
Transfer Petition—Instant case, there were two applications filed seeking modification/recall of an order dated 09.09.2022 that transferred pending criminal cases to another court—The first application was filed by an intervenor, and the second was filed by the State of Maharashtra—The intervenor and the State of Maharashtra argued that the order should be modified or recalled for various reasons, including issues related to the progress of trials and principles of natural justice—arguments decided modify the order to address specific concerns without recalling the entire order. ...
Code Of Civil Procedure, 1908—Section 24—Family Courts Act, 1984—Section 7—Code Of Criminal Procedure, 1973—Section 125—Protection Of Women From Domestic Violence Act, 2005—Section 12—Transfer petitions seek to move cases for restitution of conjugal rights from Family Court No.1, Jodhpur to Family Court Merta, District Nagaur—The court allows the transfer, considering the convenience of the wife, as per a Supreme Court precedent—Cases are to be expedited and heard in Family Court, Merta, District Nagaur within six months. ...
Miscellaneous Application—Filed by appellant—Seeking modification/recall of order passed by Supreme Court in Transfer Petition—Whereby Supreme court allowed the said petition filed by petitioner/accused and directed the transfer of pending matters as prayed by him in petition to Court of Principal Judge, Bombay City Civil and Sessions Court—Determination of—Criminal proceedings relating to respondent/accused Nos. 20, 23, 25, 26, 30, 31, 32 and 34 pending before transferor Court, if already transferred to transferee Court, shall be returned to transferor Court and continue at transferor Court from stage as received—Review petition filed by respondent/accused No. 20, 23, 25, 26, 30, 31, 32 and 33 and titled as Ghanshyam Lahaknji Mudgal and others v. Ketan Kantilal Seth and Others is dismissed as infructuo...
Transfer Petition—Supreme Court heard petitions regarding the transfer of cases from the High Court of Manipur to the Gauhati High Court due to a lack of judges to hear the appeals in Manipur—The Court approved the transfer, directing the records to be moved to the Gauhati High Court and allowing parties to seek interim relief there—The proceedings before the Single Judge in Manipur were not stayed. ...
Hindu Marriage Act, 1955 Section 13(1)—Constitution of India, 1950, Article 142—In a petition filed for transfer of divorce petition, parties sought settlement through mediation—Though mediation failed, respondent expressed his willingness for divorce though mutual consent—But no agreement could be reached as regards permanent alimony. Held, as it was a case of irretrievable breakdown of marriage, Supreme Court, in exercise of power vested under Article 142, granted decree of divorce by mutual consent by closing all cases filed by the parties against each other. Accordingly, an FIR and a maintenance case filed under Section 125 CrPc were quashed. Respondent was directed to pay permanent alimony of Rs. 35,00,000/- to petitioner/wife within stipulated time, failing which FIR and Maintenance case were to stand r...
(A) Transfer Petition—Code of Civil Procedure, 1908—Section 24—Transfer petition—Filed by petitioner—To withdraw the case in HMOP from file of Family Court at Thanjavur and transfer same to file of Sub Court at Thiruvarur—Legality of—Since petitioner is unemployed and taking care of female child—She is residing along with her parents at Thiruvarur HMOP pending on file of Family Court of Thanjavur stand to file of Sub-Court at Thiruvarurs—Respondent/husband is directed to pay—Interim Maintenance of Rs. 10,000/- to petitioner to maintain minor female child—Directions issued—Petition allowed.(Paras 16 and 22) (B) Fundamental Right Constitution of India, 1950—Article 21—Interim maintenance—Grant of—No application is required—Even in absenc...
Hindu Marriage Act, 1955—Section 9—Proceedings under Section 9 of the Hindu Marriage Act, 1955—The Family Court case, titled "Manoj Tukaram Sonwane v. Aastha Manoj Sonwane" (Civil Petition No.A-222/21), which was pending before the Principal Judge, Family Court, Nashik Road, Nashik, Maharashtra, has been transferred from Nashik, Maharashtra, to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi—Additionally, the Family Court at Dwarka has been instructed to explore the possibility of settlement between the parties through mediation. The Family Court at Nashik has been directed to promptly transmit the entire case record to the transferee court. The transfer petition has been allowed. ...
Hindu Marriage Act, 1955—Section 13(1)(ia)(ib)—Transfer Petition—Divorce Petition—The petitioner-wife sought the transfer of a divorce petition filed by the respondent-husband from the Principal Judge, Family Court, Ballari to Senior Civil Judge & JMFC, Sindhanur, on grounds of financial hardship and inability to travel—The petitioner alleged harassment and dowry demands post-marriage, leading to her ouster from the matrimonial home and an interim maintenance order—The respondent opposed the transfer, citing the petitioner’s capacity to pursue a partition suit in Ballari—The Court held that under Section 19 of the Hindu Marriage Act, the petition should be filed in the district where the marriage was solemnized or where the petitioner resides—Considering the financial and logistica...
A. Civil Procedure Code, 1908 (CPC)—Section 25—Transfer Petition—It's crucial to note that the mere convenience of a party is not a sufficient basis to invoke the power of transfer. BCivil Procedure Code, 1908 (CPC)—Section 25—Transfer Petition—Territorial jurisdiction—It does not extend to determining the question of territorial jurisdiction within the proceedings themselves. The issue of jurisdiction, or the absence of it, should be raised before the Court where the proceedings are currently underway." ...
Criminal Procedure Code, 1973 (CrPC) - S.125 —a transfer petition was granted—Recognizing the youth of the parties involved and the specific nature of the dispute, the Honorable Principal Judge is instructed to expedite the resolution of these cases by giving them priority over others—Furthermore, the Judge may explore the possibility of referring the disputing parties to mediation as an alternative means of resolving their issues—The receiving court, where these cases have been transferred, is urged to handle them with utmost expediency—Consequently, the transfer petition has been approved to facilitate a swift resolution of the matter. ...
Hind Marriage Act, 1955—Sections 13, 19 and 19(iii) (a)—Constitution of India, 1950—Article 142—Code of Civil Procedure, 1908—Section 24, Order VI Rule 14(a)—Kerala High Court, 1958—Section 5(i)—An intra-Court appeal—Transfer petition—Restitution of conjugal right—Guardianship and custody of child—Dissolution of marriage—Both before Family Court—Dismissed—Litigation pending parties pending before Family Court—Single Judge dismissed the transfer petition—Direction of Apex Court and provision in video linkage Rules, which are in force with effect from 25.8.2021—No legal impediment to conduct any proceeding of a case—Through video confereing—Facility in Family Courts for conducting video conferencing is limited—...
Hindu Marriage Act, 1955—Section 9—Matrimonial Case—Transfer Petition—Convenience of wife—Infant child—Employment in different town—Transfer allowed—The petitioner-wife sought transfer of M.C. No.24/2019 filed by the husband for restitution of conjugal rights, from the Senior Civil Judge and JMFC, H.B. Halli to the Court of Senior Civil Judge, Kushtagi—The petitioner, employed as a Village Accountant in Kushtagi and mother of a four-year-old child, pleaded inconvenience due to travel and lack of childcare support—The respondent opposed the transfer, stating that the distance between the courts was manageable and that the proceedings were at the argument stage—The Court, relying on precedents including Sumita Singh v. Kumar Sanjay [(2002) AIR SC 396] and Rajani Kishor Pardes...
Civil Procedure Code, 1908—Section 24—Matrimonial Case—Transfer Petition—Convenience of Wife—Custody of Minor Children—Proceedings Transferred to Court at Wife’s Residence—Petition Allowed. The petitioner-wife sought transfer of M.C. No.28/2016 filed by the respondent-husband under Section 27(1)(b)(d)(e) of the Special Marriage Act from the Family Court at Hassan to the Family Court at Bengaluru—The petitioner, residing in Bengaluru with her two minor daughters, contended that attending proceedings at Hassan caused her inconvenience and hardship—The respondent remained unrepresented despite service of notice. ...
Civil Procedure Code, 1908 (CPC)—Section 25—Hindu Marriage Act, 1955—Section 13-B—Transfer Petition—Court initiated a settlement process between the parties—Despite not reaching a final settlement through mediation, it was determined that the dispute could be resolved with court intervention—The parties were directed to make the necessary arrangements for the dissolution of their marriage under Section 13-B of the Hindu Marriage Act after realizing the settlement amount. ...
Hindu Marriage Act, 1955 - Section 13(1)—This transfer petition involves a request to transfer a divorce case, H.M.P. No. 1668 of 2015, from the Family Court in Ahmedabad, Gujarat, to a court of competent jurisdiction in Dungarpur, Rajasthan—The petitioner-wife seeks the transfer due to difficulties in traveling to Ahmedabad, language barriers, and other pending cases in Dungarpur—The court allows the transfer, directing the records to be sent to Dungarpur, Rajasthan, and considers providing security if needed for either party after the transfer. ...
Civil Procedure Code, 1908 (CPC)—Section 25—Supreme Court Rules, 2013—Order 41—Code of Civil Procedure to transfer a case from Family Court, Pune, Maharashtra, to Family Court, Bilaspur, Chhattisgarh—Court allowed the transfer petition, considering the petitioner's circumstances, especially her young daughter, making it difficult for her to travel to Pune—Case would be transferred accordingly, and the Registry was directed to notify both courts. ...
Civil Procedure Code, 1908 (CPC)—Section 24—Transfer Petition has become irrelevant due to the wife's restitution petition being impacted by the husband's granting of 'triple talak'—Court directs the wife to approach the Family Court in Kashipur, Uttarakhand, for visitation rights, providing legal aid if necessary—Petition is disposed of. ...
Civil Procedure Code, 1908 (CPC)—Order 9 Rule 13—Transfer petition, seeking the transfer of HMA Case No. 700/2007, was deemed infructuous by the court—The petitioner had initially approached the court for the transfer, and notice was issued to the respondent with proceedings stayed—However, the court was later informed that the case had been finally disposed of on 18.8.2008, and an application under Order IX Rule 13 of the Code of Civil Procedure was pending—Subsequently, the application was dismissed in default on 18.5.2009. As the petitioner couldn't confirm the status of a restoration petition, the transfer petition was considered infructuous—The court clarified that if the application under Order IX Rule 13 is restored, the petitioner can file a fresh transfer petition. ...
Civil Procedure Code, 1908 (CPC)—Section 24—Transfer of petition—Transfer petition has been filed by the petitioner-wife seeking transfer of H.M.P. No. 289 of 2005 titled V. Raja v. R. Manjula pending in the Court of learned Civil Judge. Nothing needs to be done in these proceedings except to direct that further continuance of H.M.P. No. 289 of 2005 is not necessary. The proceedings stand closed. Petition is disposed of. ...
Penal Code, 1860 (IPC)—Section 120B, Section 147,—Prevention of Terrorism Act, 2002—Section 2(1), Section 3, Section 3(1),—Transfer petition—Court finds that the charge cannot be sustained as the Review Committee determined that the notification prohibiting the use of arms under Section 4(a) had not come into existence during the raid at the accused's premises—However, the court clarifies that if a weapon falls under Section 4(b) as a "lethal weapon," it cannot be excluded merely because it also falls under Section 4(a)—The possession of a dangerous weapon like AK 56, capable of causing mass destruction, is an offense under Section 4(b)—The court emphasizes the limited role of the Review Committee, which should only assess a prima facie case—Additionally, a withdrawal of ...
Penal Code, 1860 (IPC)—Section 109, Section 201, Section 213,—Petitioner sought the transfer of the case due to various concerns, including widespread media coverage, perceived over-zealousness of the state machinery, convictions of co-accused, threats to counsels, freezing of accounts affecting religious activities, and prosecutions involving individuals who held high political offices and prominent journalists—The court allowed the petition, acknowledging the reasonable apprehension of obtaining justice at the original location—Additionally, considering language challenges faced by witnesses and the need for translation, the case was transferred to Pondicherry—The decision was based on the grounds of ensuring a fair trial and addressing the practical difficulties associated with language issues. ...
Hindu Marriage Act, 1955—Section 13(1)—Criminal Procedure Code, 1973 (CrPC)—Section 406—Transfer of case—Transfer petitions, a husband sought the transfer of a criminal case and a maintenance petition from Delhi to Hazurabad, Karimnagar District, Andhra Pradesh—The husband alleged harassment and false cases by the wife—The court, without expressing any opinion on the merits, found it more convenient for both parties to transfer the cases to a court of competent jurisdiction in Hazurabad—The transfer petitions filed by the husband were allowed, and the cases pending in Delhi were directed to be transferred to the Court of District & Sessions Judge, Karimnagar District, Andhra Pradesh—The wife's transfer petition was dismissed—The parties were directed to appear before the ...
Hindu Marriage Act, 1955—Section—12—Chief Justice A.S—Anand addressed a transfer petition wherein the petitioner wife sought the transfer of her husband's petition for the annulment of marriage from the IVth Additional Judicial Commissioner's Court in Ranchi to a competent court in Calcutta—The parties, with the encouragement of the court, reached a settlement, reducing the terms to writing—They requested the transfer of the matrimonial petition to the Court of District Judge, Tis Hazari, Delhi for expeditious disposal—The court allowed the transfer petition, directing the withdrawal of IA No—3 of 2000 along with supporting affidavits, to be filed before the transferee court—The matrimonial suit was transferred from Ranchi to Tis Hazari, and the parties were permitted to file a...
Civil Procedure Code, 1908 (CPC)—Section 25—Transfer Petition – Wife seeks transfer of husband's petition from Meerut to Cuttack citing difficulty in travel due to her status as a weaker section woman—Husband contests, claiming wife's frequent travel across the country for personal and official reasons, accompanied by her retired father—Wife refutes, denying solo extensive travel—Court dismisses transfer plea, noting wife's ability to travel and engage in business activities, finding her reasons insufficient—Absence of male family members and elderly parents' health condition not considered substantial grounds for transfer—Court rules against transfer, emphasizing wife's mobility and engagement in business affairs, thus upholding the jurisdiction of the Meerut Family Cour...
Criminal Procedure Code, 1973 (CrPC)—Section 125—In a complex legal battle arising from a marital dispute, the wife, who had filed criminal cases against her husband and in-laws under Sections 498-A/342/34 I.P.C., and a separate maintenance petition, successfully secured a transfer of her husband's counteractions—The husband responded with a criminal complaint, a divorce petition, and a custody case for their child—Seeking consolidation of all cases in one jurisdiction, the wife pursued a transfer petition, asserting the convenience and interests of justice—The court, after due consideration, granted the transfer petition, directing all proceedings initiated by the husband to be transferred to the courts where the wife's cases were pending—This decision reflects the court's exercise of discr...
Civil Procedure Code, 1908 (CPC)—Section 22—Divorce case initiated by the husband in Bombay, a transfer petition was filed by the wife who was stationed in Jaipur with a small child—Citing the practical difficulties faced by the wife in regularly traveling from Jaipur to Bombay to contest the proceedings, she sought the transfer of the divorce petition to Jaipur for the sake of convenience—The court, taking into consideration the wife's challenging circumstances, including the presence of a small child, and acknowledging the potential hardship caused by the distance between the two locations, decided to transfer the divorce petition from Bombay to Jaipur—The decision reflects the court's sensitivity to the practical challenges faced by the wife and ensures a more accessible and equitable forum for the...