Arti Rani @ Pinki
Devi & ANR Vs. Dharmendra Kumar Gupta [2008] INSC 1143 (16 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C)No.294 of 2007 Arti
Rani @ Pinki Devi & Anr. ...Petitioners VERSUS Dharmendra Kumar Gupta
...Respondent
O R D E R
1.
Since
Mr.Brajesh Kumar and Mr.Ajay Kumar Talesara, Advocates have entered appearance
on behalf of the respondent, service of notice is, therefore, complete.
2.
This
is an application for transfer of Matrimonial (T.S.) Case No.1 of 2006 titled
Dharmendra Kumar Gupta vs. Arti Devi @ Pinki Devi & Anr., pending in the
Court of District Judge, Palamu at Daltanganj, within the State of Jharkhand,
to the Family Court at Patna, within the State of Bihar.
3.
Having
heard the learned counsel for the parties and after considering the materials
on record including the statements made in the application for transfer, we are
of the view that since the petitioner is a lady having a minor male child, it
would be difficult for her to attend the court at Palamu, Daltanganj which is
within the State of Jharkhand and quite a distance from Patna where she is now
residing with her child, we allow this application for transfer and the
proceedings now pending being Matrimonial (T.S.) Case No.1 of 2006 in the Court
of District Judge, Palamu at Daltanganj within the State of Jharkhand be
transferred to the Family Court of Patna within the State of Bihar. The
District Judge, Palamu at Daltanganj is directed to send the records of the
aforesaid matrimonial case at an early date preferably within six weeks from
the date 3 of supply of a copy of this order to him.
The application for
transfer is thus allowed. There will be no order as to costs.
....................................
............J.
[Tarun
Chatterjee]................................................... J.
New
Delhi ;
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