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Gunjan Bansal Vs. Atul Bansal [2009] INSC 521 (16 March 2009)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C.) NO.1197 OF 2008 GUNJAN BANSAL Petitioner(s) VERSUS ATUL BANSAL Respondent(s) ORDER Heard both sides.

The petitioner herein is the wife and is staying with her parents at Dehradun in Uttarakhand along with her seven year old child. The respondent-husband has filed a matrimonial Suit before the Family Court at Agra and the petitioner says that she is not in a position to defend the case in view of her financial condition and seeks for transfer of the case to Dehradun. This plea is opposed by the husband as he is having bronchial asthma and other illnesses and the transfer of the case would cause great inconvenience to him. We do not think that this is an appropriate ground for rejecting the transfer of the petition as the respondent can very well prosecute his case at Dehradun.Therefore,we direct for transfer of H.M.A.Case No.426 of 2008 pending before the Family Court at Agra to the 2 Family Court at Dehradun. All records be transferred by the Family Court at Agra to the Family Court at Dehradun.

The transfer petition is allowed accordingly.

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

....................J. (V.S.SIRPURKAR)

....................J. (P.SATHASIVAM)

NEW DELHI;

16TH MARCH, 2009.

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