Transfer of Family Court Proceedings

In a significant legal development, a transfer petition for family court proceedings has been granted, shifting the jurisdiction from one court to another. This decision showcases the court’s keen analysis of the situation and its understanding of the legal complexities involved in such transfers. Stay tuned for more insights into the court’s approach in handling such cases.

Facts

  • The petitioner-wife has requested the transfer of proceedings filed under Section 9 of the Hindu Marriage Act, 1955 by the respondent-husband.
  • The transfer is sought from the Court of Principal Judge, Family Court at Nashik Road, Nashik, Maharashtra to the Court of Principal Judge, Family Courts, South West District, Dwarka Court, Dwarka, New Delhi.

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Decision

  • Transfer petition allowed and record to be transmitted to the transferee court
  • Family Court at Dwarka directed to explore settlement through mediation
  • Notice issued and interim order passed staying proceedings before the Family Court at Nashik
  • Transfer petition allowed after hearing counsel for parties and reviewing the record

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Case Title: AASTHA MANOJ SONWANE Vs. MANOJ TUKARAM SONWANE (2022 INSC 924)

Case Number: T.P.(C) No.-001478 / 2021

Click here to read/download original judgement

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