Section 25 of Code of Civil Procedure 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. For the aforesaid reasons, we allow this appeal and set aside the impugned order passed by the Bombay High Court.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 3702 of 2017 (Arising out of SLP (C) No. 2380 of 2016)
Decided On: 27.02.2017
P. Ayyanar Pothi Vs. Supriya Ayyanar Pothi
Hon'ble Judges/Coram:
N.V. Ramana and Prafulla C. Pant, JJ.
Citation: AIR 2017 SC 2695
