Ritu Ratan Vs. Sukhbans Kumari Sirohi & ANR. [2009] INSC 1293 (27 July 2009)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 574 of 2008 Ritu Ratan ...Petitioner VERSUS Sukhbans Kumari Sirohi & Anr.

...Respondent(s)

O R D E R

1.     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.

2.     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.

3.     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.

4.     The Transfer Petition is thus disposed of. There will be with no order as to costs.

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

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

NEW DELHI

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