Electricity Act 2003 | Section 56(2) Does Not Preclude Licensee From Raising Supplementary Demand After Two Years; Only Restricts Right To Disconnect: Supreme Court Dissolution Of Partnership At Will | Outgoing Partner Entitled To Market Value Of Assets As On Date Of Distribution, Not Date Of Dissolution: Supreme Court SEBI | Release Of Escrow Under Buyback Regulations Does Not Preclude Independent Inquiry Into Fraud Under PFUTP Regulations: Supreme Court Promotion Based On Merit Does Not Wipe Out Past Adverse Records But Must Be Balanced In FR 56(j) Compulsory Retirement: Supreme Court Appellate Court Can Convict For Offence Even If Charge Not Framed By Trial Court Under Section 464 CrPC: Supreme Court Extradition | Sovereign Assurance Does Not Override Judicial Sentencing; Cannot Be Used To Artificially Accelerate Sentence Completion: Supreme Court Article 21 | State Has A Positive Duty To Protect Public Health By Implementing Front-Of-Package Labelling Regulations: Supreme Court Revenue Entries Are Not Documents Of Title, Cannot Replace Substantive Evidence In Property Disputes: Supreme Court Long Possession Without Hostile Animus Does Not Amount To Adverse Possession: Supreme Court Administrative Discretion Must Comply With Article 14; Subsequent Executive Decisions Cannot Retroactively Cure Failure Of Timely Performance: Supreme Court Municipal Corporation Cannot Unilaterally Downgrade Market Value Of Land Acquired For Road Widening To Deny TDR Certificates: Andhra Pradesh High Court Execution Of Agreement To Sell Does Not Automatically Terminate Existing Tenancy: Allahabad High Court Writ Jurisdiction Not Maintainable When Title To Property Is Under A Cloud And Subject Matter Of Disputed Facts: Andhra Pradesh High Court Amendment Of Plaint Seeking Impleadment Of Third Parties And Addition Of Time-Barred Claims In A Partition Suit Cannot Be Permitted: Bombay High Court Reassessment Order Does Not Result In Merger Of Original Assessment Order If Issues Are Distinct: Andhra Pradesh High Court GST Assessment Order Uploaded Only Under 'Additional Notices' Tab Without Separate Intimation Violates Principles Of Natural Justice: Calcutta High Court 'Prolonged Inaction' Cannot Be Rewarded: Delhi High Court Upholds CESTAT Refusal To Condone 968-Day Delay In Filing Customs Appeal Probate No Longer Mandatory To Establish Rights Under A Will Following 2025 Amendment To Indian Succession Act: J&K High Court Review Jurisdiction Cannot Be Used To Introduce New Factual Foundations Or Reopen Concluded Arbitral Awards: Karnataka High Court High Court Cannot Invoke Article 227 To Strike Off Plaint When Statutory Remedy Under Order VII Rule 11 CPC Is Available: Madras High Court Section 58 BNSS | Detention Beyond 24 Hours Without Magistrate’s Authority Vitiates Arrest And Subsequent Remand: Orissa High Court Arbitrator Is The Sole Judge Of Quality And Quantity Of Evidence, Court Cannot Act As Court Of Appeal: Punjab & Haryana High Court Section 5 Limitation Act | Court Cannot Condone Delay In A Mechanical Manner Without Ascertaining Bona Fides Of The Applicant: Calcutta High Court High Court Cannot Quash FIR Under Section 482 CrPC By Conducting Mini-Trial On Merits: Punjab & Haryana High Court Taxation Law | Mere Assertion Of Natural Justice Violation On Disputed Facts Won't Bypass Statutory Appeal: Delhi High Court

Supreme court declined request of wife to transfer cases.

07 May 2024 8:19 AM

By: Admin


Supreme Court in a latest Judgement (Seema Kaushal vs Dheeraj Kumar D.D 10Feb.2023) while dismissed the Transfer Petition of wife held that that there was no evidence that the father-in-law was still influential and that the alleged threats and the maintenance proceedings appeared to be subsequent to the filing of the divorce petition.

The petitioner, Seema Kaushal, has filed a transfer petition in the Supreme Court of India seeking to transfer a divorce petition filed by her husband, Dheeraj Kumar, from the Family Court No.1 in Jaipur, Rajasthan to the Principal Judge of the Family Court in Kurukshetra, Haryana.

The petitioner and the respondent were married in 2014 and have a son who is living with the petitioner's parents in Kurukshetra. Both parties are government employees posted in Jaipur. The transfer petition was filed on the grounds that the petitioner's father-in-law, a retired Assistant Superintendent of Police, is influential in Jaipur and has threatened the petitioner. The petitioner's son has also initiated maintenance proceedings against the respondent in Kurukshetra.

The court dismissed the transfer petition, noting that there was no evidence that the father-in-law was still influential and that the alleged threats and the maintenance proceedings appeared to be subsequent to the filing of the divorce petition and were therefore an afterthought.

The court also noted that the petitioner had not stated that she was going to leave Jaipur or live in Kurukshetra and therefore it was not inconvenient for both parties to attend proceedings in Jaipur. The transfer petition was dismissed.

Seema Kaushal  vs Dheeraj Kumar

Latest Legal News