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2008 (9) SCC 353
IN THE SUPREME COURT OF INDIA
Tarun Chatterjee And Harjit Singh Bedi, JJ.
Arti Rani @ Pinki Devi & Anr. - Petitioners
VERSUS
Dharmendra Kumar Gupta - Respondent
Civil Appeal No.294 of 2007
Decided On: July 16, 2008.
Transfer of Matrimonial Case - Jurisdiction - The court allowed the transfer of a matrimonial case from one state to another based on the difficulty faced by the petitioner, a lady with a minor male child, in attending the court at the current location due to distance, and allowed the transfer to the Family Court of the place where she was residing.
Fact of the Case:
Application for transfer of Matrimonial (T.S.) Case No.1 of 2006 titled Dharmendra Kumar Gupta vs. Arti Devi @ Pinki Devi & Anr., pending in the Court of District Judge, Palamu at Daltanganj, within the State of Jharkhand, to the Family Court at Patna, within the State of Bihar.
Finding of the Court:
The court found that due to the petitioner being a lady with a minor male child, it would be difficult for her to attend the court at the current location, and thus allowed the application for transfer to the Family Court of Patna within the State of Bihar.
Issues: Transfer of matrimonial case from one state to another based on the difficulty faced by the petitioner in attending the court at the current location.
Ratio Decidendi: The difficulty faced by the petitioner, a lady with a minor male child, in attending the court at the current location due to distance, influenced the court's decision to allow the transfer of the matrimonial case to the Family Court of the place where she was residing.
Final Decision: The application for transfer was allowed, and the proceedings of the matrimonial case were directed to be transferred to the Family Court of Patna within the State of Bihar.
JUDGMENT
1. Since Mr.Brajesh Kumar and Mr.Ajay Kumar Talesara, Advocates have entered appearance on behalf of the respondent, service of notice is, therefore, complete.
2. This is an application for transfer of Matrimonial (T.S.) Case No.1 of 2006 titled Dharmendra Kumar Gupta vs. Arti Devi @ Pinki Devi & Anr., pending in the Court of District Judge, Palamu at Daltanganj, within the State of Jharkhand, to the Family Court at Patna, within the State of Bihar.
3. Having heard the learned counsel for the parties and after considering the materials on record including the statements made in the application for transfer, we are of the view that since the petitioner is a lady having a minor male child, it would be difficult for her to attend the court at Palamu, Daltanganj which is within the State of Jharkhand and quite a distance from Patna where she is now residing with her child, we allow this application for transfer and the proceedings now pending being Matrimonial (T.S.) Case No.1 of 2006 in the Court of District Judge, Palamu at Daltanganj within the State of Jharkhand be transferred to the Family Court of Patna within the State of Bihar.
4. The District Judge, Palamu at Daltanganj is directed to send the records of the aforesaid matrimonial case at an early date preferably within six weeks from the date of supply of a copy of this order to him. The application for transfer is thus allowed. There will be no order as to costs.
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