Megha Acharya v. Devendra Acharya

Supreme Court of India · 07 Apr 2008
K.G. Balakrishnan; R.V. Raveendran
Transfer Petition (civil) 34 of 2008
family appeal_allowed

AI Summary

The Supreme Court allowed transfer of a divorce petition from Ratlam, Madhya Pradesh to Dahod, Gujarat on grounds of petitioner-wife's residence and inability to defend the case at the original forum.

Full Text
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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Transfer Petition (civil) 34 of 2008
PETITIONER:
MEGHA ACHARYA
RESPONDENT:
DEVENDRA ACHARYA
DATE OF
JUDGMENT
: 07/04/2008
BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION (CIVIL) NO.34 OF 2008
Heard both sides.

2. The petitioner in this case is the wife and she is the respondent in a petition file d under Section 13 of the Hindu Marriage Act for divorce in the Court of ADJ, Ratlam, M.P. We are told that the petitioner-wife is now staying with her parents at Dahod (Gujarat). Learned counsel for the petitioner submits that the petitioner would not be in a position to defend the case at Ratlam. On the facts and circumstances, this is a fit case for transfer. We direct that the case H.M.P.No.10 A of 2007 titled as Devendra Acharya Vs. Smt.Megha Acharya pending in the Court of ADJ IV, Ratlam (M.P.) be transferred to the Court of competent jurisdiction at Dahod (Gujarat). All the records be transmitted to the Court of competent jurisdiction at Dahod (Gujarat) by the ADJ IV, Ratlam (M.P.).

3. The transfer petition is allowed accordingly.