Explore the judicial analysis on the transfer of a matrimonial case from one state to another by the court. Learn about the importance of mediation in resolving disputes and the factors considered by the court in justifying the transfer. Stay informed about the legal intricacies involved in such cases and the significance of expeditious resolution for the parties involved.
Analysis
- Transfer petition filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband.
- The transfer is sought from the Court of Principal Judge, Family Court, Bhojpur, Ara, Bihar to the Court of Civil Judge Senior Division, Panaji, Goa.
- Court suggests another attempt for securing an amicable settlement through mediation by the parties.
- Matrimonial Case No.84 of 2017 between ‘Chandra Bhusan Pal v. Deepa Mohan Naik’ is being transferred to Panaji, Goa.
Also Read: Legal Analysis of Claim for Loss of Profit in Delayed Contract
Decision
- Transfer petition allowed
- Transferee Court directed to decide the case expeditiously
- Period for deciding the case starts from receipt of papers from Bhojpur, Ara, Bihar
- Transfer of proceedings from Bhojpur, Ara, Bihar to Panaji, Goa justified
- Family Court at Bhojpur, Ara, Bihar to transmit entire record to Panaji, Goa immediately
- Mediation proceedings may be pending
- In case no settlement is reached, case to be taken up after eight weeks
- Registry to send copy of order to both Courts for compliance
- Parties to be referred to Mediation Centre of Bombay High Court, Goa Bench
- Mediation may be conducted by Video-Conferencing if required
- Transferee Court not to proceed with the case for eight weeks
Also Read: Public Declaration Requirement in Marriage under Hindu Marriage Act
Case Title: DEEPA MOHAN NAIK Vs. CHANDRA BHUSAN PAL (2021 INSC 602)
Case Number: T.P.(C) No.-002241 / 2018
