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Maitreyee Roy Choudhury (Needas) Vs. Aveek Roy Chowdhury [2009] INSC 728 (13 April 2009)

Judgment

CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C.) NO.75 OF 2009 MAITREYEE ROY. Petitioner(s) CHOUDHURY (NEEDAS) VERSUS AVEEK ROY CHOUWDHURY Respondent(s) ORDER Heard both sides.

The petitioner herein is the wife, who seeks transfer of the petition filed by the respondent for divorce in the Court at Alipore, Calcutta, West Bengal to the Tis Hazari Courts, Delhi. The respondent has no objection to the transfer but he has submitted that the petitioner is trying to take the minor child out of India. If there is any such grievance, the respondent would be at liberty to take appropriate proceeding before the appropriate Court and we do not think that this is a ground for not to transfer the case. In case such an application is filed, the appropriate court would dispose of the same at an early date. Accordingly, we order for Maitreyee Roy Chowdhury from the Cout of District Judge, Alipore, Calcutta, West Bengal to the District Judge, Tis Hazari, Delhi.

The transfer petition is allowed accordingly.

All the records be transmitted to the Court at Tis Hazari, Delhi.

..................CJI. (K.G.BALAKRISHNAN)

....................J.(P.SATHASIVAM)
NEW DELHI;

13TH APRIL, 2009.

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