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SUPREME COURT OF INDIA
Dhananjaya Y. Chandrachud, Hemant Gupta, JJ.
Vibha Devi - Appellant
Versus
Rama Shankar Chaubay - Respondent
Transfer Petition (Civil) No. 858 of 2018
Decided On : 27-02-2019
Transfer Petition - Divorce Petition - The court allowed the transfer petition filed by the wife to transfer the divorce petition from the Principal Judge, Family Court, Ujjain, Madhya Pradesh to the District Judge, District Kaimur (Bhabhua) Bihar, considering the considerable inconvenience the petitioner would face in prosecuting the matter at Ujjain.
Fact of the Case:
The wife filed a transfer petition seeking to transfer the divorce petition from Ujjain, Madhya Pradesh to a competent Family Court at Mokama District Kaimur (Bhabhua) Bihar, citing considerable inconvenience.
Finding of the Court:
The court found that the petitioner would face considerable inconvenience in prosecuting the matter at Ujjain, Madhya Pradesh, and therefore allowed the transfer petition, directing the transfer of the case to the District Judge, District Kaimur (Bhabhua) Bihar.
Issues: Transfer of Divorce Petition
Ratio Decidendi: Considerable inconvenience faced by the petitioner in prosecuting the matter at the current court location
Final Decision: The transfer petition is allowed, and the case is directed to be transferred to the District Judge, District Kaimur (Bhabhua) Bihar.
ORDER
1. This transfer petition has been filed by the petitioner - wife for transfer of Divorce Petition being Misc. Case No. 330A of 2017 titled "Rama Shankar Chaubey vs. Vibha Devi" from the Principal Judge, Family Court, Ujjain, Madhya Pradesh to a competent Family Court at Mokama District Kaimur (Bhabhua) Bihar.
2. We have heard learned counsel for the parties.
3. Looking to the facts and circumstances of this case, the petitioner would be put to considerable inconvenience in prosecuting the matter at Ujjain, Madhya Pradesh. We think it appropriate to transfer the aforesaid case from the Principal Judge, Family Court, Ujjain, Madhya Pradesh to the District Judge, District Kaimur (Bhabhua) Bihar. Learned District Judge may assign the transferred case to the appropriate Court.
4. Accordingly, the transfer petition is allowed.
5. After transfer of the petition, the transferee Court is directed to make all endeavour either for amicable settlement or for early decision in the matter without unnecessary adjournments.
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