Rajni Kumari Vs.
Raghvinder Sahay @ Lal Babu  INSC 2152 (12 December 2008)
REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) 551 of
2007 Rajni Kumari ...Petitioner VERSUS Raghvinder Sahay @ Lal Babu
...Respondent O R D E R 1. Heard learned counsel for the parties.
is an application for transfer filed at the instance of the wife petitioner
under Section 25 of the Code of Civil Procedure, 1908 read with Order XXXVI-B
of the Supreme Court Rules seeking transfer of Matrimonial Suit No. 5 of 2005
pending in the Family Court at Khagaria, Bihar to a competent Family Court at
heard the learned counsel for the parties and after going through the materials
on record and considering the fact that the wife petitioner, being 24 years of
age, is having no source of income and fully dependent on her parents and also
considering the fact that the distance from Khagaria to Delhi is about 1500
kms, it would be difficult for her to attend the Court proceedings at Khagaria,
Bihar, we feel it proper to transfer the case from the Family Court of
to a competent Family Court at New Delhi. Accordingly, the case being
Matrimonial Suit No. 5 of 2005 pending before the Family Court of Khagaria,
Bihar stands transferred from the Family Court of Khagaria, Bihar to the Family
Court at New Delhi.
learned Judge of the Family Court at Khagaria, Bihar is directed to transmit
the case records of the aforesaid case to the Family Court at New Delhi within
a period of one month from the date of supply of a copy of this order to him.
the aforesaid directions, the application for transfer is thus disposed of.
There will be no order as to costs.
J. [TARUN CHATTERJEE]