In a recent legal development, the Court has issued a significant ruling on a transfer petition concerning a divorce case. The Court’s decision reflects a careful analysis of the circumstances and considerations involved in the petition. Let’s delve deeper into the details of the legal proceedings and the implications of this crucial decision.
Facts
- The Court noted that the petitioner-wife has filed the transfer petition seeking transfer of the divorce petition to a Court of competent jurisdiction at Allahabad, Uttar Pradesh.
- The petitioner-wife cited various reasons for seeking transfer, including the inconvenience of attending proceedings in Bengaluru while residing in Allahabad.
- The Court considered the arguments presented by both parties and examined the circumstances of the case before making a decision on the transfer petition.
Also Read: Legal Analysis of Claim for Loss of Profit in Delayed Contract
Decision
- Settlement reached will be considered by the Family Court in Bengaluru.
- Respondent to pay the agreed amount to the petitioner.
- Mediation proceedings will be conducted online at convenient dates.
- Family Court in Bengaluru will proceed with the matter after mediation.
- Parties to be referred to the Mediation Centre initially.
- Family Court will not proceed with the case on merits during the 10-week mediation period.
- Petitioner to be compensated with Rs.10,000 for each hearing requiring her presence.
- Family Court to fix convenient dates for petitioner’s presence.
- Online proceedings to be conducted for parties’ convenience.
- If no settlement is reached or mediation remains inconclusive, Family Court will continue with the proceedings after 10 weeks.
Also Read: Public Declaration Requirement in Marriage under Hindu Marriage Act
Case Title: PARUL JAISWAL Vs. AVINASH JAISWAL (2021 INSC 603)
Case Number: T.P.(C) No.-002189 / 2019
