SUPREME COURT OF INDIA

Before:- S.B. Majmudar and V.N. Khare, JJ.

Transfer Petition (C) No. 872 of 1998. D/d. 15.2.1999.

Usha George - Petitioner

Versus

Koshy George - Respondent

Civil Procedure Code, 1908, Section 25 - Application for transfer - Family court already seized of the matter over a long period and a number of hearing had already taken place - Not a proper stage to transfer proceedings to any other court.

[Para 2]

ORDER

S.B. Majmudar, J. - 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.

4. The transfer petition is disposed of accordingly.

Petition dismissed.