Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani [2008] INSC 2094 (5 December 2008)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) 829 of 2007 Anjali Ashok Sadhwani ...

Petitioner VERSUS Ashok Kishinchand Sadhwani ...

Respondent

O R D E R

1.     Heard learned counsel for the parties. This is an application for transfer filed at the instance of the wife petitioner under Section 25 of the Code of Civil Procedure read with Order XIII B of the Supreme Court Rules, 1966 seeking transfer of Petition No. 83 of 2006 (Sh.Ashok Kishinchand Sadhwani vs. Smt. Anjali Ashok Sadhwani) now pending in the Family Court at Indore to Family Court of Bandra at Mumbai, Maharashtra.

2.     Having heard the learned counsel for the parties and after going through the materials on record and considering the fact that the distance between Mumbai, Maharashtra and Indore, Madhya Pradesh is about 900 kms and also considering the fact that the petitioner wife has no one in her family to escort her during her journey from Mumbai to Indore, we feel it proper to transfer the case from Family Court of Indore, Madhya Pradesh to Family Court at Bandra, Mumbai. Accordingly, the case being Petition No.83 of 2006 stands transferred from Family Court of Indore, Madhya Pradesh to Family Court of Bandra at Mumbai, Maharashtra.

3.     The learned Judge of Family Court at Indore, Madhya Pradesh is directed to transmit the case records of the aforesaid case to the Family Court at Bandra, Mumbai, Maharashtra within a period of one month from the date of supply of a copy of this order to him.

4.     With the aforesaid directions, the application 2 for transfer is thus allowed. There will be no order as to costs.

..............................J. [TARUN CHATTERJEE]

..............................J.

NEW DELHI,

DECEMBER 05, 2008

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