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The Supreme Court recently emphasized that custody cases under the Guardian and Wards Act cannot be transferred from one court to another based solely on the concerns of the disputing parties.
The court made this observation while rejecting a wife’s request to shift the trial in a custody case from Chandigarh to Delhi.
Single judge justice Dipankar Dutta He said that in such cases, the child’s interest comes first.
The court’s September 22 order said: “No transfer order should be made based solely on the parties’ perceptions and concerns. The interest of the child is paramount and at this stage this Court is not inclined to accept the prayer for the same.” Transfer. “No reason can be found.”
The case related to a custody case pending in Chandigarh. The husband had approached the family court under Section 25 of the Guardians and Wards Act seeking custody of their son.
The woman worked in Panchkula (Haryana), where she also lived with her son. However, she sought transfer of custody case as her job was transferable and she was facing imminent posting from Haryana.
She therefore requested that the custody battle be continued in Delhi, where a marital dispute was already pending between her and her estranged husband.
The husband rejected the transfer request on the grounds that Delhi was more than 250 kilometers away from the child’s current place of residence.
In return, the Supreme Court refused to transfer the case from Chandigarh.
The court said, “At present, the office of the plaintiff’s wife is only Panchkula and there is no doubt that Chandigarh is the residence of her and the child.”
Therefore, the transfer request was rejected.
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September_2023_Supreme_Court_transfer_petition_order.pdf
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Custody cases cannot be transferred based on mere arrest of parties: Supreme Court
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