Supreme Court of India · 2008-12-12
Nimisha Batish vs Maj Ajay Batish & Ors
- Court
- Supreme Court of India
- Petitioner
- Nimisha Batish
- Respondent
- Maj Ajay Batish & Ors
- Bench
- D.K. Jain, R.V. Raveendran
Judgment text excerpt
The Supreme Court held that the transfer of custody proceedings under Section 6 of the Hindu Minority and Guardianship Act and Section 25 of the Guardianship and Ward Act is warranted when neither party resides in the jurisdiction of the original court. The Court clarified that the earlier compromise did not confer exclusive jurisdiction to the Gurgaon court for custody matters. The petition for transfer from Gurgaon to Mumbai was allowed to facilitate convenience for the parties involved, particularly for the minor son.