Neetu Badarya v. Prashant Kumar Badrya

Supreme Court of India · 17 Dec 2008
Altamas Kabir; Markandey Katju
TRANSFER PETITION(CIVIL) NO. 288 OF 2008
family appeal_allowed

AI Summary

The Supreme Court allowed the transfer of a matrimonial proceeding under Section 13(1) of the Hindu Marriage Act, 1955, from Jabalpur to Kota considering the welfare of the minor child and convenience of the petitioner.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL)NO. 288 OF 2008
NEETU BADARYA ... Appellant(s)
VERSUS
PRASHANT KUMAR BADRYA ... Respondent(s)
Having heard learned counsel for the respective parties, we are of the view that sufficient grounds have been made out to allow the transfer petition filed by the petitioner-wife, having particular regard to the fact that she has a 10 year old minor girl, whom she has to look after. In such circumstances, we allow the transfer petition and direct that H.M.O.P. 107A/2007 under Section 13(i) of the Hindu Marriage
Act, 1955, pending before the Family Court, Jabalpur, be transferred to the Family
Court at Kota, Rajasthan. ...................J.
(ALTAMAS KABIR) ....................J.
(MARKANDEY KATJU)
New Delhi, December 17, 2008.
JUDGMENT