In a recent legal development, the Family Court case has been transferred from the Court in Ahmedabad to the Court in Nashik. This transfer raises important legal questions regarding jurisdiction and the applicable laws. Stay tuned for more insights into the court’s legal analysis of this notable transfer.
Facts
- The Family Court at Ahmedabad, Gujarat has jurisdiction over the present matter as per the provisions of the Hindu Marriage Act, 1955.
- The respondent has filed a petition under Section 13 of the Hindu Marriage Act, 1955 in the Family Court at Ahmedabad.
- The petitioner in this case has filed a petition seeking transfer of the respondent’s petition to the Family Court at Nashik, Maharashtra.
- The petitioner has cited reasons such as convenience, accessibility, and familiar legal procedures as grounds for the transfer of the case.
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Arguments
- The counsel for the respondent has no objection to transferring the proceedings in H.M.P. No 2487 of 2019 from the Family Court at Ahmedabad, Gujarat to the Family Court at Nashik, Maharashtra.
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Decision
- Petition H.M.P. No 2487 of 2019 titled ‘Shardul Narendra Shah vs Minal Shardul Shah’ transferred from Family Court in Ahmedabad, Gujarat to Family Court in Nashik, Maharashtra.
- Family Court in Ahmedabad directed to transmit entire record to transferee Court in Nashik immediately.
- Transferee Court instructed to expedite the decision on the transferred case.
- Registry ordered to send a copy of this Order to both Courts for compliance.
Also Read: K. vs. The State of Rajasthan)
Supreme Court Judgment Upholds Acquittal in Falsifying Date of Birth Case
Case Title: MINAL SHARDUL SHAH Vs. SHARDUL NARENDRA SAHA (2021 INSC 589)
Case Number: T.P.(C) No.-003021 / 2019
