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Usha George Vs. Koshy George

Usha George vs Koshy George

Disposition Petition dismissed Court Supreme Court of India Decided Feb 15, 1999
~1 min read
https://sooperkanoon.com/case/671441

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Transfer Petition (C) No. 872 of 1998
Subject
Civil
Disposition
Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- [ S.B. Majmudar and; V.N. Khare, JJ.] -- Code Of Civil Procedure, 1908 — Section. 25 — Proper stage for transfer — Where Family court in one town (Secunderabad) already seized of the matter over a long period and a number of hearings had already taken place (eleven) held, it was not a proper sta...

Key legal issue
Civil
Outcome / disposition
Petition dismissed
Acts & sections
Code of Civil Procedure (CPC), 1908 - Section 25

Parties & Advocates

Appellant / Petitioner

Usha George

Respondent

Koshy George

Legal References

Reported In
(2000)10SCC95

Excerpt

- [ s.b. majmudar and; v.n. khare, jj.] -- code of civil procedure, 1908 - section. 25 - proper stage for transfer - where family court in one town (secunderabad) already seized of the matter over a long period and a number of hearings had already taken place (eleven) held, it was not a proper stage to transfer proceedings to any other court - family law -- in the meantime the presence of the minor child at secunderabad is dispensed with subject to any further orders of the family court if the court feels his presence necessary.s.b. majmudar and; v.n. khare, jj.1. we have heard learned counsel for the parties.2. in view of the fact that the family court at secunderabad is already seized of the matter since long and we are told that 11 sittings are over, in our view, this is not the proper stage to transfer the proceedings from the family court, secunderabad to any other court. however, we direct the family court at secunderabad to see that the proceedings are put to an end at the earliest and preferably within three months from today. in the meantime the presence of the minor child at secunderabad is dispensed with subject to any further orders of the family court if the court feels his presence necessary.3. it is also made clear that the respondent father will be permitted to meet his minor son at chennai after due intimation to the petitioner. the transfer petition is disposed of accordingly.

Full Judgment

S.B. Majmudar and; V.N. Khare, JJ.

1. We have heard learned counsel for the parties.

2. In view of the fact that the Family Court at Secunderabad is already seized of the matter since long and we are told that 11 sittings are over, in our view, this is not the proper stage to transfer the proceedings from the Family Court, Secunderabad to any other court. However, we direct the Family Court at Secunderabad to see that the proceedings are put to an end at the earliest and preferably within three months from today. In the meantime the presence of the minor child at Secunderabad is dispensed with subject to any further orders of the Family Court if the Court feels his presence necessary.

3. It is also made clear that the respondent father will be permitted to meet his minor son at Chennai after due intimation to the petitioner. The transfer petition is disposed of accordingly.

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