Two Family Courts, One Suit, And The File Moves Without Waiting
A matrimonial appeal has been partly allowed, with the divorce suit sent to the Family Court that should have had it — and the transfer ordered to happen off the website copy.
The Court allowed the appeal in part and directed that the divorce suit be decided on its own merits and in accordance with law by the correct Family Court. The Family Court holding the file was directed to transfer the entire suit file and records forthwith — and, unusually, to do so on the order being uploaded to the High Court website, without waiting for it to be communicated.
- The file moves on the web copy, which is QR coded and binds all concerned.
- No waiting for communication — the transferring court must act on the upload.
- Merits are left open; the receiving court decides the suit on its own merits.
- Reportable, and decided by the Chief Justice sitting with a puisne judge.
- Court
- High Court of Manipur at Imphal
- Bench
- Justice HON'BLE THE CHIEF JUSTICE, Justice HON'BLE MR JUSTICE A.GUNESHWAR SHARMA
- Citation
- Mat. App. No. 1 of 2026
- Case
- Mat. App. No. 1 of 2026
- Decided
- July 2026
- Outcome
- Matrimonial appeal partly allowed; suit transferred to the proper Family Court
What was directed
The divorce suit is to be decided on its own merits and in accordance with law by the Family Court to which it is being sent.
The Family Court presently holding the matter was directed to transfer and transmit the entire suit file and records forthwith.
How the order takes effect
All concerned stand bound by the web copy uploaded on the High Court's website, which is QR coded.
On the order being uploaded, the transferring Family Court shall forthwith transfer the entire case records and files, without waiting for the order to be communicated to it.
The Registry was directed to communicate the order to both Family Courts forthwith. The appeal was allowed in part, with no order as to costs.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a divorce suit be moved between Family Courts?
Yes, where jurisdiction lies elsewhere. The file was directed to be transferred forthwith.
Does the receiving court have to wait for the papers?
No. The transferring court must act on the order uploaded to the website, without waiting for communication.
Moving a matrimonial suit to the right court
- Settle jurisdiction before the suit progresses; a transfer late in the day costs both sides months.
- Ask for the file to be transmitted forthwith, and for the receiving court to decide on merits.
- Note that a QR-coded web copy now binds the courts below in this High Court — no need to wait for a certified copy.
- Preserve all contentions on the merits in the transfer order itself.
Source. High Court of Manipur at Imphal, Mat. App. No. 1 of 2026, decided July 2026 by Justice HON'BLE THE CHIEF JUSTICE, Justice HON'BLE MR JUSTICE A.GUNESHWAR SHARMA. This explainer is written from the judgment text as reported.
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