In a significant legal ruling, the Court exercises its jurisdiction to transfer a petition under Section 125 of the Code to the Family Court. This decision underscores the court’s commitment to ensuring expeditious resolution in cases involving maintenance. Stay tuned for more insights into the legal analysis and proceedings surrounding this transfer.
Arguments
- The petitioner has filed a petition under Section 125 of the Code of Criminal Procedure, 1973 in the Court of the Learned Chief Judicial Magistrate at Barasat Court, 24 Paragana.
- The respondent’s counsel has no objection to transferring the petitioner’s petition to the Family Court where the case subject matter of this petition is pending.
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Analysis
- Family Court has jurisdiction to try a petition under Section 125 of the Code
- The prayer in the petition should be accepted
- The petition for maintenance filed by Pallavi Rai (Das) against Rahul Rai under Section 125 of the Code has been transferred from the Court of the Chief Judicial Magistrate in Barasat to the Family Court in Bankshall Court, Kolkata.
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Decision
- Transfer petition allowed to transfer the cases to the Court of the Principle Judge, Family Court, Bankshall Court, Hare Street, Kolkata.
- Learned Principle Judge shall give out of turn priority for disposal of cases considering the young age of the parties and the nature of the dispute.
- Both cases to be heard together for expeditious disposal.
- Transferee Court instructed to decide the transferred cases as quickly as possible.
- Registry directed to send a copy of the Order to the concerned Courts for compliance.
- Option of referring parties to mediation to be considered by the Principle Judge.
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Case Title: PALLABI RAI Vs. RAHUL RAI (2021 INSC 814)
Case Number: T.P.(C) No.-000441 / 2020
