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Priyanka Arya vs Ashutosh Arya

Supreme Court Of India|01 October, 2021
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JUDGMENT / ORDER

Summary

Issue: Jurisdiction of courts and convenience of parties
Rule: Section 25 of the Code of Civil Procedure, 1908, and the Delhi High Court (Family Courts) Rules, 2018
Application: The Supreme Court transfers the case from the Family Court, South East, Saket, Delhi to the Family Court, Nainital, Uttarakhand, considering the convenience of the parties and the pendency of cases in various courts
Conclusion: The transfer is ordered in the interest of justice and to avoid unnecessary delay in the disposal of the case
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.
SIGN 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.
New Delhi Date: 01.10.2021.
… J [J.K. MAHESHWARI]
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Title

Priyanka Arya vs Ashutosh Arya

Court

Supreme Court Of India

JudgmentDate
01 October, 2021
Judges
  • J K Maheshwari