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2016 Supreme(SC) 32
SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
TEJALBEN – APPELLANTS
VERSUS
MIHIRBHAI BHARATBHAI KOTHARI – RESPONDENTS
CIVIL APPEAL NO.163 OF 2016 (Arising out of SLP ( C) No. 15810 of 2015)
Decided On : 11-01-2016
Headnote:Civil Procedure Code, 1908 – Section 24 – Transfer of matrimonial suit – Suit for divorce is pending before Principal Judge, Family Court, Rajkot – Further proceedings between parties are pending at Jamnagar – No reason why divorce case be not transferred to Jamnagar – Impugned order set aside and transfer of proceedings from Rajkot to Jamnagar allowed. (Paras 3 to 5)
Result : Appeal allowed.
JUDGMENT
KURIAN,J.:
Leave granted.
2. This appeal has been filed against the order dated 10.12.2014 passed by the High Court of Gujarat at Ahmedabad in Miscellaneous Civil Application (For Transfer) No.2596 of 2014 whereby the High Court dismissed the transfer application.
3. It is seen that suit for divorce is pending before the Principal Judge, Family Court, Rajkot. The appellant had moved before the High Court of Gujarat at Ahmedabad for transfer of proceedings pending at Rajkot to Jamnagar.
4. It is seen that further proceedings between the parties are pending at Jamnagar. Therefore, we find no reason why the divorce case be not transferred to Jamnagar.
5. The order dated 10.12.2014 is hence, set aside and the transfer of proceedings from Rajkot to Jamnagar, is allowed.
6. The appeal stands disposed of. No costs.
