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2005 Supreme(SC) 130

ARUN KUMAR, B.P.SINGH
ARCHANA SINGH – Appellant
Versus
SURENDRA BAHADUR SINGH – Respondent


ORDER

1. Heard counsel for the petitioner.

2. The respondent has avoided appearing before this Court. The postal a remark shows that he refused to accept the notice which was sought to be served upon him. We, therefore, proceed to dispose of this matter on the basis of service of notice by refusal.

3. The grievance of the petitioner is that her husband, the respondent has filed a divorce petition before the Family Court at Baikunthpur in the State of Chhattisgarh. She is presently residing at Allahabad with her father. There is also a proceeding pending under Section 125 CrPC before the Family Court at Allahabad. It is further stated that from Allahabad to Baikunthpur there is a long distance to travel and it will take a lot of time to reach Baikunthpur from Allahabad. It is impossible for the petitioner to undertake such a journey, and prosecute the matter at Baikunthpur, particularly in the difficult c circumstances in which she finds herself.

4. Having perused the facts and circumstances of the case, we are satisfied that this application deserves to be allowed. Accordingly, this transfer petition is allowed and Divorce Suit No. 22-A of 2002 pending before the Family Court, Baik

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