Ashish Niranjan v. Moni Niranjan

Supreme Court of India · 07 Jan 2008
H.K. Sema; Markandey Katju
Transfer Petition (civil) 108 of 2007
family appeal_allowed

AI Summary

The Supreme Court allowed the transfer of a matrimonial suit from Patna to Mumbai considering the welfare of the minor child and pendency of related maintenance proceedings.

Full Text
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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Transfer Petition (civil) 108 of 2007
PETITIONER:
MONI NIRANJAN
RESPONDENT:
ASHISH NIRANJAN & ANR
DATE OF
JUDGMENT
: 07/01/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION(C) NO. 108 OF 2007
This is wife’s petition for transfer. The ground taken in this transfer petitions i s that she is having a four year old son and she would be unable to go to Patna to contest the suit leaving behind her minor son. The other ground taken is that she has also filed a maintenance application which is pending at Family Court at Bandra, Mumbai. We are of the view that these are sufficient grounds for allowing the transfer petition.
Accordingly, transfer petition is allowed. Hindu Marriage Petition (HMP)
No.113/2005 (Matrimonial Case No.113/2005) titled Shri Ashish Niranjan Vs. Moni
Bhushan & Anr. pending in the Family Court at Patna stands transferred to the Family
Court at Bandra, Mumbai.