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2000 Supreme(SC) 95

2000(7) Supreme 543
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Lalita A. Ranga -Appellant
versus
Ajay Champalal Ranga -Respondent
Transfer Petition (C) No. 301 of 1999
Decided on 13-1-2000

Headnote:Transfer Petition-Divorce petition filed by husband before family Court in Bombay-Petitioner wife having a small child living in Jaipur will face difficulties to go all the way from Jaipur to Bombay to contest proceedings-Divorce petition was liable to be transferred to Family Court at Jaipur. (Para 1)

       

ORDER

We have seen the affidavit filed by the learned counsel for the petitioner showing that all the necessary papers including the notice issued by this Court were served on the respondent through his local advocate at Bombay M/s. Joy Legal Consultants. In view of this affidavit it appears that the respondent is already served through his duly authorised agent so far as these proceedings are concerned. No one has appeared today in these proceedings on behalf of the respondent. Hence, having heard learned counsel for the petitioner and in the facts and circumstances of this case we deem it fit to grant this Transfer Petition looking to the difficulties faced by the petitioner-wife to contest these proceedings at Bombay when she is stationed at Jaipur. She is having a small child also with her. Therefore, it is obvious that it will be difficult for her to go all the way from Jaipur to Bombay to contest the proceedings from time to time.

2. The Transfer Petition is accordingly allowed. Divorce Petition No. A-833 of 1998 titled Ajay Champalal Ranga v. Mrs. Lalita A. Ranga shall stand transferred from the Family Court Bandra in Mumbai to the Family Court at Jaipur for proceeding further in accordance with law.

3. No costs.

Petition allowed.

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