Priyanka Arya v. Ashutosh Arya

Supreme Court of India · 01 Oct 2021
J.K. Maheshwari
TRANSFER PETITION (CIVIL) NO.62/2021
family appeal_allowed

AI Summary

The Supreme Court allowed the transfer of a matrimonial dispute case from Delhi to Uttarakhand under Section 25 CPC for convenience and interest of justice.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.62/2021
PRIYANKA ARYA Petitioner
VERSUS
ASHUTOSH ARYA Respondent
This petition has been filed under Section 25 of the Code of
Civil Procedure, 1908 seeking transfer of case being HMA No. 109 of
2020, titled as “Ashutosh Arya vs. Priyanka Arya” pending before the Court of Principal Judge, Family Court, South East, Saket, Delhi to the Court of Principal Judge, Family Court, Nainital, Uttarakhand.
After hearing learned counsel for both the parties and considering the fact that the parents of the petitioner as well as of the respondent are from Haldwani and husband is posted at Delhi while the wife is doing her Ph.D. at Solan, Himachal Pradesh, this
Court deems it appropriate to transfer the case being HMA No. 109 of 2020 pending before the Court of Principal Judge, Family Court, South East, Saket, Delhi to the Court of Principal Judge, Family
Court, Nainital, Uttarakhand. Ordered accordingly.
The Principal Judge, Family Court, South East, Saket at Delhi is directed to transmit the entire record to the transferee Court immediately.
The transferee Court shall decide the case so transferred as expeditiously as possible.
The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
The Transfer Petition is, therefore, allowed.
……………………………………………………J
[J.K. MAHESHWARI]
New Delhi
Date: 01.10.2021.
JUDGMENT