Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO. 1867/2019
BABITA SRIVASTAVA Petitioner
VERSUS
VINOD SRIVASTAVA Respondent
ORDER
This transfer petition has been filed by the petitioner-wife
Under Section 25 of the Code of Civil Procedure, 1908 seeking
transfer of divorce petition filed by the respondent-husband in the
Court of Principal District Judge Family Court at Gurugram
(Haryana) to any other court of competent jurisdiction at
Gwalior(M.P.).
Heard learned counsel for the petitioner and learned counsel
for the respondent.
It is submitted that the petitioner is presently residing at
Gwalior (M.P.) and hence the aforesaid matter may be transferred to
the competent court of jurisdiction at Gwalior.
Learned counsel for the respondent submitted that no
objection is raised by the respondent for the said transfer as
such.
In the circumstances, having regard to the difficulty pleaded
by the petitioner and the distance between Gurugram, Haryana and
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2021.10.27
12:58:36 IST
Reason:
Gwalior at M.P. being considerable and in order to enable the
petitioner to effectively defend the aforesaid petition, the
aforesaid petition namely HMA No. 560/2018 titled as “ Sh.Vinod
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Srivastava vs. Dr. Babita Srivastava” is directed to be transferred
to a court of competent jurisdiction, if any, at Gwalior (M.P.).
It is needless to observe that both the parties will cooperate
with the competent court of jurisdiction at Gwalior for expeditious
disposal of the petition.
The Petition is allowed and disposed of in the aforesaid
terms.
…………………………………………………J
(B.V. NAGARATHNA)
New Delhi
Date: 25.10.2021.