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2006 Supreme(SC) 1469
SUPREME COURT OF INDIA
H.K. SEMA, P.K. BALASUBRAMANYAN, JJ.
Smt. Divya l. Tulsiani - Petitioners
Versus
Naresh Lekhraj Tulsiani – Respondents
Transfer Petition (C) No. 388 of 2005
Decided on : 13-10-2006
The welfare of the child and practical difficulties in traveling with an infant were considered in allowing the transfer petition.
Headnote:
Transfer Petition - Wife's petition for transfer of divorce case - The court allowed the transfer petition on the ground that the petitioner, who has a 4 years' old daughter, is unable to travel with an infant child and has pending legal matters in Secunderabad and Hyderabad.
Fact of the Case:
Wife filed a petition for transfer of divorce case citing inability to travel with an infant child and pending legal matters in Secunderabad and Hyderabad.
Finding of the Court:
The court allowed the transfer petition, transferring the matrimonial petition from Pune to Secunderabad.
Issues: Transfer of divorce case, petitioner's inability to travel with an infant child, pending legal matters in Secunderabad and Hyderabad.
Ratio Decidendi: The court considered the welfare of the petitioner's infant child and the practical difficulties in traveling with the child, along with the pending legal matters, as grounds for allowing the transfer petition.
Final Decision: The court allowed the transfer petition, transferring the matrimonial petition from Pune to Secunderabad.
ORDER :
1. This is wife's petition for transfer of divorce case. The transfer is sought on the ground that the petitioner is having 4 years' old daughter and she is unable to travel with an infant child and there is nobody to look after her in her absence. The contention has been taken that the petitioner has also filed a petition under Section 138 of Negotiable Instruments Act at Secunderabad. It is also stated that the petitioner has filed complaint under Section 200 Criminal Procedure Code for offences punishable under 498A, 120B read with Section 34 IPC and Section 4 and 6 of the Dowry Prohibition Act before the Metropolitan Magistrate at Hyderabad and the same is pending. It is, therefore, stated that in that view of the matter the respondent has to come to Hyderabad to contest the petitions. Accordingly, we allow this petition.
2. The Matrimonial Petition No. A 183 of 2005 filed under Section 13(1) (a) of the Hindu Marriage Act, 1955, pending before the Family Court at Pune is transferred to the Family Courts at Secunderabad in Andhra Pradesh. Transfer Petition is allowed in the above terms.
