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2014 Supreme(SC) 1305

R.M.LODHA, SHIVA KIRTI SINGH
Pratibha Kumari – Appellant
Versus
Mukesh Kumar Singh – Respondent


ORDER :

1. This is wife's petition for transfer of matrimonial case being H.M.A. Petition No. 164 of 2011, titled as "Mukesh Kumar v. Pratibha Kumari", from the Court of Additional District Judge-1, Patiala House, New Delhi to the Family Court, Arrah, Bhojpur, Bihar.

2. The notice of Transfer Petition has been served on the respondent and he has filed counter-affidavit in opposition to the Transfer Petition.

3. We have heard learned Counsel for the parties and perused the averments made in the Transfer Petition and the counter-affidavit.

4. It is true that the order dated 30.11.2012 passed by the Family Court, Patiala House, New Delhi shows that the matter is at the stage of final arguments but from the said order, it is also clear that the Court has also called the DTDC official for confirmation of service report.

5. We are now informed that the petitioner has appeared before the Family Court, Patiala House, New Delhi.

6. Having regard to all relevant facts and circumstances of the case and the fact that the petitioner is presently residing in Arrah (Bihar), we are satisfied that greater hardship shall be caused to her in case the proceedings in the above matrimonial case are allowed to

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