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SUPREME COURT OF INDIA
C.T. RAVIKUMAR, PRASHANT KUMAR MISHRA, JJ.
Sanjana Gautam Daryanani - Petitioner
Versus
Gautam Rochiram Daryanani – Respondent
Transfer Petition(C) No. 42 of 2024
Decided On : 15-07-2024
| Table of Content |
|---|
| 1. transfer petition filed under section 25. (Para 1) |
| 2. transfer petition dismissed with conditions. (Para 2 , 4) |
| 3. petitioner allowed to attend proceedings virtually. (Para 3) |
ORDER :
1. This petition is filed under Section 25 of the Code of Civil Procedure seeking transfer of Petition No. 1591 of 2023, titled “Gautam Rochiram Daryanani vs. Sanjana Gautam Daryanani“ pending before the Family Court at Bandra, Mumbai, Maharashtra to Family Court, Visakhapatnam, Andhra Pradesh.
2. Heard learned counsel for the parties on both sides and perused the materials available on record. On such consideration, we are of the view that the case for transfer is not made out. Consequently, the Transfer Petition is dismissed.
3. However, the petitioner-wife is permitted to attend the proceedings virtually, unless her presence is inevitable and required by the Trial Court. However, we make it clear that whenever the presence of the petitioner-wife is required by the Trial Court, the respondent-husband shall meet the expenses of the petitioner-wife relating to her travel and stay, which amount is fixed at Rs.20,000/-. Needless to say that this amount shall be paid to the petitioner-wife by the respondent-husband on each date when the presence of petitioner-wife is required by the Trial Court.
4. Pending application(s), if any, shall stand disposed of.
AI
Transfer of family law proceedings denied when no compelling justification presented; expenses for virtual attendance permitted.
The court has the discretion to transfer a marriage case from one jurisdiction to another under the Hindu Marriage Act, considering the convenience and practicality for the parties involved.
In the larger interest of justice, the court can order the transfer of a case while also directing the conduct of proceedings to ensure effective participation of both parties and expeditious resolut....
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