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Family LawSupreme Court of India

Akta Juneja v. Sanjeev Kumar Juneja

Transfer Petition (Civil) · Neutral citation not assigned (Transfer Petition (Civil) No. 1172 of 2015)Decided 17 Aug 2016
Transfer Petition (Civil) No. 1172 of 2015
Justice Kurian Joseph · Justice Shiva Kirti Singh

Background

Akta Juneja sought transfer, under Section 25 of the Code of Civil Procedure, of a matrimonial case (HMA No. 268/2015, filed by her husband Sanjeev Kumar Juneja) from the District Judge Family Court, Gurgaon, Haryana, to the Family Court, Saket, Delhi. Both parties appeared before the Supreme Court in person. The husband said he did not actually oppose the transfer itself, but was upset by allegations against him in the petition, which he called baseless, and complained that the wife was not cooperating with his court-ordered visitation rights to their minor child, Shubhan.

Decision Breakdown

The Court allowed the transfer petition, moving the matrimonial case to the Family Court, Saket, Delhi. Alongside the transfer, it recorded an understanding between the parties on child visitation: the wife agreed to let the husband take the child every Sunday for three hours, on condition the child received proper attention, and the husband assured he would personally collect the child from and return the child to the wife's residence, always staying with the child during the visit. The transfer petition was disposed of on these terms.

Lesson Learnt

In matrimonial transfer petitions, the Supreme Court often uses the opportunity to also iron out practical, day-to-day arrangements like child visitation directly between the parties, rather than leaving every incidental dispute to be fought out separately.

Akta Juneja v. Sanjeev Kumar Juneja – Legal Case Shots | LegalAware