In a recent legal development, the court has granted a transfer petition for a divorce case to ensure a fair trial in a familiar jurisdiction. This decision reflects the court’s consideration of practical aspects and the petitioner’s convenience. The transfer to a court in Gwalior, M.P., aims to facilitate the petitioner’s effective participation in the legal proceedings. Stay tuned for further insights into the court’s legal analysis in this jurisdiction transfer case.
Facts
- The petitioner-wife is currently residing in Gwalior, Madhya Pradesh, and seeks to transfer the divorce petition filed by the respondent-husband in Gurugram, Haryana, to a court of competent jurisdiction in Gwalior.
- The transfer petition has been made under Section 25 of the Code of Civil Procedure, 1908.
- The petitioner is requesting the transfer for convenience and to ensure a fair trial in a familiar jurisdiction.
- The request for transfer is based on the petitioner’s current place of residence and the practical considerations involved.
- The petitioner aims for the transfer to be made to a court in Gwalior where she can effectively participate in the legal proceedings.
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Decision
- The petition is allowed and disposed of in the mentioned terms.
- Both parties are expected to cooperate with the competent court in Gwalior for prompt resolution of the petition.
- Due to the distance between Gurugram, Haryana, and Gwalior, M.P., the petition is to be transferred to a court in Gwalior for effective defense by the petitioner.
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Case Title: BABITA SRIVASTAVA Vs. VINOD SRIVASTAVA (2021 INSC 668)
Case Number: T.P.(C) No.-001867 / 2019
