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Surbhi Goyal (Agrawal) vs Ashutosh Banka

Transfer Petition (Civil) · 2022 INSC 923Decided 5 Sept 2022
Transfer Petition (Civil) No. 1505 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The wife sought transfer of a divorce petition filed by her husband in the Family Court at Kushinagar Padrauna, Uttar Pradesh, to the Family Court at Samastipur, Bihar. The Supreme Court had earlier issued notice and stayed the Uttar Pradesh proceedings while the transfer petition was pending.

Decision Breakdown

After hearing counsel for both parties and considering the facts on record, the Court allowed the transfer petition and ordered the divorce petition transferred from the Kushinagar Padrauna Family Court to the Family Court at Samastipur, Bihar. It directed the transferring court to send the case record immediately, asked the parties to appear before the new court on a fixed date, and noted that if either party sought mediation, the receiving court should consider that request.

Lesson Learnt

Spouses in matrimonial litigation can seek transfer of their case to a more convenient court, and the Supreme Court will readily grant such transfers where justified by the facts, while also nudging parties toward mediation where possible.

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

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