Purnima Sailani Vs.
Shailendra Sailani  INSC 2101 (5 December 2008)
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) 888 of 2007 Purnima
Shailendra Sailani ...Respondent
O R D E R
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 seeking transfer of Marriage
Petition No. 693 of 2007 (Shailendra Family Court at Allahabad to a Court of
competent jurisdiction at Kalyan and Ulhasnagar, Distt. Thane, Maharashtra.
2. Having heard the
learned counsel for the parties and after going through the materials on record
and considering the fact that a petition under Section 125 of the Cr. PC is
already pending before the Civil Judge and Judicial Magistrate, First Class,
Ulhasnagar, Maharashtra and considering the fact that the wife petitioner is
having one minor daughter named, Kavya, born on 27th of March, 2002, it would
be difficult for her to attend the Court proceedings at Allahabad, we feel it
proper to transfer the case from Family Court of Allahabad to Family Court at
Ulhasnagar, Distt. Thane, Maharashtra. Accordingly, the case being Marriage
Petition No. 693 of 2007 stands transferred from Family Court of Allahabad to
Family Court at Ulhasnagar, Distt. Thane, Maharashtra.
learned Judge of Family Court at Allahabad is directed to transmit the case
records of the aforesaid case to the Family Court at Ulhasnagar, Distt. Thane,
Maharashtra 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 allowed. There
will be no order as to costs.