Case: P. Ayyanar Pothi Vs. Supriya Ayyanar Pothi

1. Leave granted. 2. This appeal has been filed by the appellant-husband challenging the validity of the impugned order dated 9th September, 2015 passed by the High Court of Bombay, Aurangabad. 3. The controversy in this case is that the respondent-wife has filed Miscellaneous Civil Application No. 132 of 2015 before the High Court of Bombay, Bench at Aurangabad seeking transfer of the divorce petition bearing HMOP No. 224 of 2013 filed by the appellant- husband before a Subordinate Court at Srivilliputtur, District Viruddhanagar, Tamil Nadu to the Family Court at Aurangabad, Maharashtra. The Aurangabad Bench of Bombay High Court entertained the transfer application and while issuing notice, stayed the divorce proceedings pending before the subordinate Court of Madras High Court. 4. Learned counsel for the appellant argues that the Bombay High Court committed jurisdictional error by entertaining the transfer application as it does not possess the power to transfer a case pending before a subordinate Court of another High Court. 5. Section 25 of Civil Procedure Code clearly envisages that the power relating to the inter-State transfer and transfer of cases from one High Court to another High Court or its subordinate Courts is vested solely on this Court and not on the High Courts. Thus, in view of the statutory provisions, the High Court of Bombay does not have the jurisdiction to entertain a petition seeking transfer of divorce proceedings from a subordinate Court of Madras High Court.

Decision reasoning: 1[ds]5. Section 25 of Civil Procedure Code clearly envisages that the power relating to thee transfer and transfer of cases from one High Court to another High Court or its subordinate Courts is vested solely on this Court and not on the High Courts. Thus, in view of the statutory provisions, the High Court of Bombay does not have the jurisdiction to entertain a petition seeking transfer of divorce proceedings from a subordinate Court of Madras High Court.