SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
KINJAL DALAL SHAH – Appellant
Versus
AKSHAY KUMAR SHAH – Respondent
Transfer Petition (C) No.1669 of 2021
| Table of Content |
|---|
| 1. petitioner's request for transfer of divorce case. (Para 1 , 2) |
| 2. court's rationale for granting the transfer. (Para 3) |
O R D E R
1. The present petition has been filed by the petitioner–wife seeking transfer of the suit for dissolution of marriage filed by the respondent- husband bearing FCOP No.810/2020 titled as "Akshay Kumar Shah vs. Kinjal Dalal Shah" pending before the Family Court at Hyderabad, Telangana to the Family Court at Ahmedabad, Gujarat.
2. Despite service of notice, the sole respondent has not put in appearance.
3. After hearing the learned counsel appearing for the petitioner, in our opinion, a case is made out for transfer of divorce proceedings as there are four more cases between the parties pending at Ahmedabad and, moreover, the petitioner claimed that she has no independent source of income and is entirely dependent on her parents.
Signature Not Verified 4. Accordingly, FCOP No.810/2020 titled "Akshay Digitally signed by NEETU KHAJURIA Date: 2025.10.18
13:28:56 IST Kumar Shah vs. Kinjal Dalal Shah" pending before Reason:
the Family Court at Hyderabad, Telangana is transferred to the Family Court at Ahmedabad, Gujarat.
5. Records shall be sent by the Court where proceedings are pending to the transferee Court promptly.
6. In case video conferencing facilities are available in the transferee Court, the parties may be permitted to appear through video conferencing on non-effective dates of hearing.
7. The Transfer Petition is, accordingly, allowed.
....................J.
[RAJESH BINDAL]
....................J.
[MANMOHAN] NEW DELHI;
OCTOBER 9, 2025 ITEM NO.1 COURT NO.16 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No.1669/2021 KINJAL DALAL SHAH Petitioner(s)
VERSUS AKSHAY KUMAR SHAH Respondent(s)
IA No. 120480/2021 - STAY APPLICATION Date : 09-10-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. C.b.gururaj, Adv.
Mr. Prakash Ranjan Nayak, AOR Ms. Ilashri Gaur, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
The transfer petition is allowed in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
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