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2009 Supreme(SC) 1305

2009(5) Supreme 600
SUPREME COURT OF INDIA
Tarun Chatterjee and R.M. Lodha, JJ.
Ritu Ratan — Petitioner
versus
Sukhbans Kumari Sirohi & Anr. —Respondent(s)
Transfer Petition (C) No. 574 of 2008
Decided on : 27-07-2009

Advocates appeared:
For the Appellant :Ravindra Bana, Advocate.
For the Respondent:Respondent-in-person.

Headnote:Code of Civil Procedure, 1908 – Section 25 – Transfer petition seeking transfer of Guardianship Petition No. 391 of 2007 pending before the Court of District and Sessions Judge, Tis Hazari, Delhi to the Court at Lucknow – An earlier Guardianship Petition being Guardianship Petition No. 117 of 2004 (Sanjay Sirohi Vs. Ritu Ratan) was transferred by this Court in the Court of District Judge in Lucknow which had already been disposed of by District Court, Lucknow – Considering the materials on record and the order passed by Court in earlier Transfer Petition, held that instant Guardianship Petition No. 391 of 2007, pending in the Court of District & Sessions Judge, Tis Hazari, Delhi be now transferred to District Judge of Lucknow Court at Lucknow – Transfer Petition disposed of. (Paras 3 & 4)

       Facts of the Case :

        Present petition has been filed seeking transfer of Guardianship Petition No. 391 of 2007 pending before the Court of District and Sessions Judge, Tis Hazari, Delhi to the Court at Lucknow.

       Findings of the Court :

        An earlier Guardianship Petition being Guardianship Petition No. 117 of 2004 (Sanjay Sirohi Vs. Ritu Ratan) was transferred by this Court in the Court of District Judge in Lucknow which had already been disposed of by District Court, Lucknow. Considering the materials on record and the order passed by Court in earlier Transfer Petition, held that instant Guardianship Petition No. 391 of 2007, pending in the Court of District & Sessions Judge, Tis Hazari, Delhi be now transferred to District Judge of Lucknow Court at Lucknow. Transfer Petition was disposed of.

       

ORDER

1. This is a petition under Section 25 of the Code of Civil Procedure seeking transfer of Guardianship Petition No. 391 of 2007 (Sukhbans Kumari Sirohi & Anr. Vs. Ritu Ratan) pending before the Court of District and Sessions Judge, Tis Hazari, Delhi to the Court at Lucknow.

2. It has been brought to our notice that an earlier Guardianship Petition being Guardianship Petition No. 117 of 2004 (Sanjay Sirohi Vs. Ritu Ratan) was transferred by this Court in the Court of the learned District Judge in Lucknow by its order dated 10th of April, 2001, which we are informed, has already been disposed of by the District Court, Lucknow. The present petitioner is the mother of the ex-husband of the petitioner and grandmother of the child for whom the guardianship petition has now filed by the grandmother.

3. We have heard the learned counsel appearing for the petitioner and also Smt. Sukhbans Kumari Sirohi, respondent-in-person. Having heard the learned counsel for the petitioner and Smt. Sukhbans Kumari Sirohi and considering the materials on record and the order passed by this Court in the earlier Transfer Petition, we are of the view that the present Guardianship Petition No. 391 of 2007, pending in the Court of District & Sessions Judge, Tis Hazari, Delhi be now transferred to the District Judge of the Lucknow Court at Lucknow, who will decide the same at an early date after giving hearing to the parties and after passing a reasoned order, preferably within six months from the date of supply of a copy of this order to it.

4. The Transfer Petition is thus disposed of. There will be with no order as to costs.

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