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2008 Supreme(SC) 1255

TARUN CHATTERJEE, AFTAB ALAM
Vandana Sharma – Appellant
Versus
Rakesh Kumar Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Ajay Pal, Gagan Deep Sharma and D. Mahesh Babu, Advocate.

Judgment

1. By this transfer petition, the wife -Smt.Vandana Sharma seeks transfer of S.M.A. Case No.6 of 2006 (Rakesh Kumar Sharma vs. Smt. Vandana Sharma) pending in the Court of Additional District Judge, Tis Hazari Courts, Delhi to the Court of District Judge, Panchkula (Haryana), which has been filed at the instance of the husband -Rakesh Kumar Sharma for divorce under Section 27(1)(b)(d) of the Special Marriage Act, 1954.

2. In spite of due service on the respondent to contest the application for transfer, no one has entered appearance on behalf of the husband -opposite party to contest the application for transfer of the aforesaid matrimonial proceeding from Delhi to Punchkula (Haryana).

3. We have heard the learned counsel for the petitioner and considered the entire materials on record. It is an admitted fact that the wife/petitioner is having two minor daughters staying with her, one of whom is only 7 months' old and that, it would be very difficult for her to attend the Court at Delhi from Punchkula (Haryana), where she is now residing with her two minor daughters in the absence of any male member to accompany her from Punchkula to Delhi, it would be just and proper that



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