In a recent ruling by the Delhi High Court, a transfer petition concerning the custody of a minor daughter and maintenance proceedings was dismissed. The petition, filed by the petitioner, sought to transfer the case to a different court for convenience reasons. However, the court found the grounds presented by the petitioner to be inadequate and deemed the petition as a delay tactic. The judgment sheds light on the principle behind the power of transfer under Section 24 of the CPC, 1908. Stay updated on the latest legal developments with this detailed summary of the case.
Arguments
- The petitioner’s arguments regarding being under threat and having a school-going minor daughter are not considered strong grounds for transfer.
- The maintenance petition was filed just before the present petition, and it cannot be claimed to be pending prior to the divorce petition from 2014.
- The petitioner has not been attending the Family Courts at Tis Hazari for the last two years, and evidence in the case is pending.
- The court views the present petition as a tactic to delay proceedings and does not find the petitioner’s grounds compelling.
- Efforts to settle the matter amicably have not been successful due to a significant difference in settlement demands between the parties.
- The petitioner claims to have no one to accompany her to the court due to the demise of her father and her mother being unwell.
- The petitioner states she has no independent income.
Analysis
- Section 24 of CPC, 1908 provides for the general power of transfer and withdrawal of suits.
- Court trying a suit transferred from Court of Small Causes deemed to be Court of Small Causes for that suit.
- A suit or proceeding may be transferred from a Court that has no jurisdiction to try it.
- Transfer of petition between courts cannot be done arbitrarily.
- Minor daughter, around 16 years old, residing with petitioner’s mother.
- No medical incapacity of the petitioner.
- Powers of transfer can be exercised by High Courts and District Courts.
- No evidence of real and present threat from the respondent.
- Minor daughter is capable of taking care of herself during petitioner’s absence for court appearance.
- Income-related issues can be addressed by courts for maintenance and travel allowance.
- Transfer based on difficulty in travel and ongoing maintenance case in Rohini Court deemed untenable.
- Argument of difficulty in traveling 10 km in Delhi rejected as not credible.
- The Court should not easily change the forum of the plaintiff and compel them to go to another Court, leading to increased inconvenience and expenses in pursuing their case.
- The principle behind the power of transfer and withdrawal under Section 24 of the CPC, 1908, as per the ruling in Indian Overseas Bank, Madras vs. Chemical Constructions Company & Ors. (1979) 4 SCC 358, is that the plaintiff holds the authority in initiating legal proceedings and can choose to file the suit in any permissible forum.
- Balance of convenience in favor of proceedings in another Court may not be sufficient grounds for transfer.
- No cogent or viable grounds for transfer were presented in the petition.
- The petition is dismissed with no transfer granted.
Case Title: RUCHIKA GUPTA Vs. PUNEET GUPTA (2024:DHC:4050)
Case Number: TR.P.(C.)-77/2024
