Sapna Agarwal v. Om Prakash Jalan

Supreme Court of India · 03 Dec 2008
Tarun Chatterjee; G. S. Singhvi
TRANSFER PETITION (C) NO. 123 OF 2008
family appeal_allowed

AI Summary

The Supreme Court allowed the transfer of a matrimonial civil proceeding from the Family Court at Cuttack, Orissa, to the Family Court at Jaipur, Rajasthan, considering the petitioner's convenience and welfare.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 123 OF 2008
Sapna Agarwal ...Petitioner
VERSUS
Om Prakash Jalan ...Respondent
ORDER

1. This is an application for transfer of Civil Proceeding NO. 549 of 2006, filed under Section 27(a), (b) and (d) of the Special Marriage Act, 1954 read with Section 13(1)(i) (ia) and (ib) of the Hindu Marriage Act, 1955, now pending before the learned Judge, Family Court at Cuttack, Orissa to the Family Court at Jaipur, Rajasthan.

2. Having heard the learned counsel for the parties and after going through the materials on record and after considering the age of the wife/petitioner, we are of the view that the aforesaid Case being Civil Proceeding No. 549 pending before the learned Judge, Family Court at Cuttack, Orissa be transferred to the Family Court at Jaipur in the State of Rajasthan. Accordingly, we allow this application for transfer and direct transfer of the aforesaid case to the Family Court at Jaipur, Rajasthan. The learned Judge, Family Court at Cuttack is directed to transmit the case records of the aforesaid case to the Family Court at Jaipur, Rajasthan within a period of two months from the date of supply of a copy of this order to him.

3. With the aforesaid directions, the application for transfer is thus disposed of. There will be no order as to costs. …………………………J. [TARUN CHATTERJEE] NEW DELHI …………………………J. DECEMBER 03, 2008 [G.S.SINGHVI]