In a recent legal development, a family court case’s jurisdiction has been transferred from Gorakhpur to Bhopal. The court’s decision was based on sound legal reasoning and considerations. This transfer marks a significant shift in the ongoing proceedings, highlighting the importance of jurisdiction matters in legal proceedings. Stay tuned to see how this change impacts the case’s outcome and resolution.
Facts
- Notice was issued in H.M.A. No.493 of 2018 and the proceedings were stayed.
- Transfer petition filed by the petitioner-wife seeking transfer of the petition filed by the respondent-husband.
- Petition filed under Section 9 of the Hindu Marriage Act, 1956 in Gorakhpur, Uttar Pradesh to be transferred to Bhopal, Madhya Pradesh.
- No appearance by the respondent in the proceedings.
- Respondent was served with the order dated 06.01.2020.
- No appearance by the respondent in subsequent orders dated 04.06.2020 and 18.06.2020.
- Respondent has not opposed the petition despite being aware of it in the pending proceedings under Section 125 of the Code of Criminal Procedure, 1973 initiated by the petitioner.
Also Read: Legal Analysis of Claim for Loss of Profit in Delayed Contract
Analysis
- The petition bearing H.M.A. No.493 of 2018 titled ‘Prem Prakash Srivastava v. Shakun Srivastava’ is being transferred.
- The transfer is from the Court of the Principal Judge, Family Court, Gorakhpur, Uttar Pradesh to the Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh.
Also Read: Public Declaration Requirement in Marriage under Hindu Marriage Act
Decision
- Transfer petition allowed
- Transferee Court to decide the case by 31.12.2022
- Family Court at Gorakhpur to transmit records to transferee Court
- Transfer from Family Court in Gorakhpur, Uttar Pradesh to Court of Principal Judge, Family Court in Bhopal, Madhya Pradesh justified
- Copy of Order to be sent to both Courts for compliance
Also Read: OCI Cardholders’ Rights and Retroactive Notifications
Case Title: SHAKUN SRIVASTAVA Vs. PREM PRAKASH SRIVASTAVA (2021 INSC 607)
Case Number: T.P.(C) No.-001840 / 2018
