Heard learned counsel for the applicant.
Applicant wife has applied for transfer of divorce proceedings initiated by the husband in the family court at New Delhi to District Court, Kanpur Dehat (Ramabai Nagar).
Section 24 C.P.C. authorises the High Court to transfer a suit, appeal or proceedings pending before any court subordinate to it for trial or disposal to itself or any other competent court subordinate to it.
The High Court has no jurisdiction to transfer a case which is pending in a court subordinate to a different High Court. Thus, a suit, appeal or proceeding pending in any other High Court or courts subordinate to it cannot be transferred by another High Court. The power to transfer a suit, appeal or other proceeding from one High Court or Civil Court of one State to another High Court or Civil Court in any other State vests only with the Supreme Court under Section 25 of C.P.C.
In view of above, this court cannot transfer a case which is pending in a court at New Delhi.
Accordingly, transfer application is misconceived and is dismissed.
Order Date :- 6.2.2014 piyush