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Neelam Parashar vs Shashank Sharma

Transfer Petition (Civil) · 2022 INSC 913Decided 5 Sept 2022
Transfer Petition (Civil) No.2522 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife sought transfer of a matrimonial case filed by the husband, pending before the Family Court at Gautam Budh Nagar, Uttar Pradesh, to the Family Court at Karkardooma, East District, Delhi. Notice had been issued earlier (12.01.2022) along with an interim order staying further proceedings at Gautam Budh Nagar.

Decision Breakdown

After hearing counsel for the parties and considering the facts and circumstances on record, the Supreme Court held that no case for transfer of the proceedings was made out. The transfer petition was accordingly dismissed, meaning the matrimonial case would continue at the Family Court, Gautam Budh Nagar, Uttar Pradesh.

Lesson Learnt

A transfer petition is not granted automatically merely because one spouse finds a distant venue inconvenient. The petitioner must show sufficient facts and circumstances justifying the shift, and courts will decline transfer where such justification is lacking.

Official source (sci.gov.in)View Judgment (PDF)

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