Interstate Transfer of Divorce Case

In a recent legal development, a divorce case has been transferred from one state to another by a court order. The decision was based on the legal analysis of the facts and circumstances of the case. This move showcases the importance of jurisdiction and procedural aspects in family law matters. Let’s delve deeper into the implications of this interstate transfer and its significance in legal proceedings.

Facts

  • The petitioner-wife has filed a transfer petition seeking transfer of the Divorce Petition filed by the respondent-husband.
  • The transfer is requested from the Court of Principal Judge, Family Court, Kushinagar Padrauna, Uttar Pradesh to the Family Court, Samastipur, Bihar.
  • Key parties involved in the transfer petition are the petitioner-wife and the respondent-husband.
  • The transfer petition pertains to the divorce case filed by the respondent-husband.
  • The petitioner-wife’s request for transfer is based on undisclosed reasons.

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Decision

  • The Family Court at Kushinagar Padrauna, Uttar Pradesh is directed to transmit the entire record to the transferee court immediately.
  • The case of Surbhi Goyal (Agrawal) pending before the Principal Judge, Family Court, Kushinagar Padrauna, Uttar Pradesh is transferred to the Family Court, Samastipur, Bihar.
  • The transfer petition is allowed based on the facts and circumstances on the record.
  • The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.
  • Parties are required to appear before the Family Court at Samastipur, Bihar on 12.09.2022.

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Case Title: SURBHI GOYAL (AGRAWAL) Vs. ASHUTOSH BANKA (2022 INSC 923)

Case Number: T.P.(C) No.-001505 / 2021

Click here to read/download original judgement

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