Legal Analysis in Petition Transfer Case

In a recent legal case concerning a Transfer Petition, the court’s focus on legal analysis and procedural fairness takes center stage. The court’s decision to allow the reopening of evidence signals a commitment to upholding justice and due process. Follow the story as it unfolds with insights into the intricate world of legal proceedings and court rulings.


  • The petitioner filed a Transfer Petition seeking to transfer Family Suit No 33 of 2016 from the Family Court in Palanpur, Gujarat, to a court in Mumbai, Maharashtra.
  • An earlier Transfer Petition was dismissed by the court in 2016.
  • The petitioner’s mother passed away in 2017, affecting her ability to defend herself effectively in court.
  • The petitioner has now filed a new Transfer Petition citing changes in circumstances, such as her mother’s death and difficulties faced in attending court proceedings in Palanpur.
  • The respondent argues that the first Transfer Petition was already dismissed and a second petition should not be maintained.
  • However, the dismissal of the first petition may not prevent a second petition based on changed circumstances.
  • The court notes that the pleadings in the case for restitution of conjugal rights have progressed with the respondent-husband already examined and the petitioner responding later.
  • The petitioner needs to demonstrate to the court that there are valid grounds for the transfer based on the changed circumstances.
  • The Family Court dismissed the evidence provided by the petitioner
  • The petitioner’s right to present evidence was revoked by the court order dated 22.07.2019

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  • The Court is hesitant to order a transfer of the case at its final stage
  • Two primary grievances of the petitioner need to be addressed
  • Petitioner’s concerns include travel expenses from Mumbai to Palanpur
  • Petitioner’s evidence being rejected is a significant issue

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  • The petitioner’s plea for transfer is denied.
  • The petitioner is allowed to file an application for reopening her evidence before the Family Court.
  • The application can be filed online if possible, or through counsel without the petitioner’s physical presence.
  • The Family Court is directed to schedule the cross-examination of the petitioner.
  • The respondent-husband’s counsel must ensure the timely and proper conduct of the cross-examination.
  • The stay of further proceedings was granted on 04.10.2019, and the petitioner must appear before the Family Court on the scheduled date.

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Case Number: T.P.(C) No.-002344 / 2019

Click here to read/download original judgement

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