KAVITA OJHA vs. ASHWANI KUMAR SHARMA

Case Type: Transfer Petition Civil

Date of Judgment: 17-12-2008

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(CIVIL)NO. 67 OF 2008 KAVITA OJHA ... Appellant(s) Versus ASHWANI KUMAR SHARMA ... Respondent(s) O R D E R Having heard learned counsel for the respective parties, we are of the view that sufficient grounds have been made out for allowing the petition for transfer, having particular regard to ground No.(i) which indicates that the petitioner has a minor female child of two years and it is, therefore, difficult for her to travel from Chennai to Churu, Rajasthan, to conduct the matrimonial case filed by the respondent-husband. Accordingly, the transfer petition is allowed. Let the Civil Case No.68 of 2007, pending in the court of District & Sessions Judge, Churu (Rajasthan), be transferred to the Family Court at Chennai (Tamil Nadu). It will be upto the parties to approach the Mediation Cell in Madras High Court, if so advised. ...................J. (ALTAMAS KABIR) ....................J. (MARKANDEY KATJU) New Delhi, December 17, 2008.