Jurisdictional Transfer for Divorce Case

In a recent legal development, a divorce petition has been transferred from one court to another for the convenience of the parties involved. The court’s decision to transfer the case aims to ensure that the proceedings are conducted in a manner that accommodates the schedules of the individuals. Additionally, the transferee court has been directed to expedite the case and reach a decision within a specified timeframe. This move highlights the importance of ensuring fairness and efficiency in legal processes, ultimately aiming to provide justice in a timely manner.

Facts

  • Transfer petition filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent-husband in the Court of Principal Judge, Family Court, Varanasi to the Family Court, Muzaffarpur, Bihar.
  • Parties were directed to appear before the Supreme Court Mediation Centre to explore settlement possibilities by order dated 16.09.2019.
  • Report submitted by the Supreme Court Mediation Centre on 05.10.2019 stated that parties could not reach mutually acceptable terms of settlement.

Also Read: Legal Analysis of Claim for Loss of Profit in Delayed Contract

Decision

  • The transferee Court at Muzaffarpur to ensure convenience of parties by fixing hearing dates to suit their schedules.
  • Registry directed to send a copy of the Order to both Courts for compliance.
  • Family Court at Varanasi to transmit entire case record to transferee Court immediately.
  • Divorce petition (No.1299/2017) titled as ‘Sanjeev Kumar Singh v. Aarati Kumari’ transferred to Muzaffarpur Court.
  • Transferee Court to expedite the case and decide it within one year of receiving the order copy.

Also Read: Public Declaration Requirement in Marriage under Hindu Marriage Act

Case Title: AARATI KUMARI Vs. SANJEEV KUMAR SINGH (2021 INSC 601)

Case Number: T.P.(C) No.-000232 / 2018

Click here to read/download original judgement

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