In a recent legal case regarding the transfer of a marriage petition, the Court’s analysis emphasized the importance of considering the convenience of the petitioner in such matters. The court delved into the legal intricacies surrounding the transfer petition, ultimately granting the transfer based on the petitioner’s circumstances. This decision sheds light on the legal considerations and principles governing such requests in the Indian legal system.
Facts
- The petitioner-wife filed a transfer petition seeking transfer of the petition filed by the respondent-husband in the Court of Civil Judge (S.D.)/Family Court at Thane, Maharashtra to the Court of competent jurisdiction at Gaya, Bihar.
- The petitioner contended that she is a resident of Gaya, Bihar and due to financial constraints and familial responsibilities, it is difficult for her to travel to Thane, Maharashtra for regular court hearings.
- The respondent-husband opposed the transfer petition stating that he is a resident of Thane, Maharashtra and it would be inconvenient for him to travel to Gaya, Bihar for court proceedings.
- The Court considered the arguments of both parties and noted that the convenience of the wife, who is the petitioner, should be given preference in such matters.
- The Court ultimately granted the transfer petition and directed the transfer of the case from Thane, Maharashtra to the Court of competent jurisdiction at Gaya, Bihar.
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Decision
- The Court at Thane, Maharashtra is directed to transmit the entire record to the Court of District Judge, Gaya
- The matter will be assigned to a Court of competent jurisdiction at Gaya, Bihar
- The Court at Gaya is directed to explore settlement possibilities through mediation
- Marriage Petition No.474 of 2021 from Thane is transferred to Gaya, Bihar
- Transfer petition is allowed and registry directed to send copies of the order to both courts
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Case Title: APRAJITA CHAKRABORTY Vs. ANIRBAN BISWANGRI (2022 INSC 920)
Case Number: T.P.(C) No.-001329 / 2021
