In a recent legal development, a transfer petition was filed under Section 25 of the Code of Civil Procedure seeking relocation of a divorce case. After hearing both sides, the Court analyzed the facts and material on record, concluding that transfer was justified. The Additional District Court in Rajasthan was directed to transfer the case to the competent jurisdiction in U.P. This decision highlights the importance of ensuring fair and efficient legal proceedings. Stay tuned for more insights on this case.
Analysis
- Transfer petition filed under Section 25 of the Code of Civil Procedure, 1908 by the petitioner-wife seeking transfer of Divorce Petition No 10/2017 titled as ‘Neeraj Kumar Gupta vs Smt. Jyoti Jaiswal’ from the Court of Additional District & Session Judge, Lalsot, District Dausa, Rajasthan to the competent Court at Ghazipur, UP.
- Court heard learned counsel on both sides and perused the record.
- Considering the facts and circumstances and the material on the record, the Court is of the opinion that the prayer for transfer of proceedings is justified.
- Additional District & Sessions Judge, Lalsot, District Dausa, Rajasthan is transferred to the Court of competent jurisdiction, if any, at Ghazipur, U.P.
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Decision
- The transfer petition is allowed according to the terms specified.
- The case is to be decided expeditiously by the transferee Court.
- The Additional District and Sessions Court in Rajasthan is instructed to promptly transfer the entire case record to the Court in Ghazipur, U.P.
- The Registry is required to immediately email a copy of this Order to both Courts for compliance.
- Consequently, the Divorce Petition No.10/2017 between Neeraj Kumar Gupta and Smt. Jyoti Jaiswal is to be addressed in the transfer Court.
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Case Title: JYOTI JAISWAL Vs. NEERAJ KUMAR GUPTA (2021 INSC 767)
Case Number: T.P.(C) No.-000113 / 2018
