Ratan Vs. Sukhbans Kumari Sirohi & ANR.  INSC 1293 (27 July 2009)
SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO.
574 of 2008 Ritu Ratan ...Petitioner VERSUS Sukhbans Kumari Sirohi & Anr.
O R D E R
This is a petition under Section 25 of the Code of Civil Procedure
seeking transfer of Guardianship Petition No. Ratan) pending before the Court
of District and Sessions Judge, Tis Hazari, Delhi to the Court at Lucknow.
It has been brought to our notice that an earlier Guardianship
Petition being Guardianship Petition No. 1 transferred by this Court in the
Court of the learned District Judge in Lucknow by its order dated 10th of
April, 2001, which we are informed, has already been disposed of by the
District Court, Lucknow. The present petitioner is the mother of the ex-husband
of the petitioner and grandmother of the child for whom the guardianship
petition has now filed by the grandmother.
We have heard the learned counsel appearing for the petitioner and
also Smt. Sukhbans Kumari Sirohi, respondent-in-person. Having heard the
learned counsel for the petitioner and Smt. Sukhbans Kumari Sirohi and
considering the materials on record and the order passed by this Court in the
earlier Transfer Petition, we are of the view that the present Guardianship
Petition No. 391 of 2007, pending in the Court of District & Sessions
Judge, 2 Tis Hazari, Delhi be now transferred to the District Judge of the
Lucknow Court at Lucknow, who will decide the same at an early date after
giving hearing to the parties and after passing a reasoned order, preferably
within six months from the date of supply of a copy of this order to it.
The Transfer Petition is thus disposed of. There will be with no
order as to costs.
..............................J. [TARUN CHATTERJEE]