Ruchika Swain v. Sandeep Kumar Mallick

Supreme Court of India · 04 Oct 2021
S. Ravindra Bhat
TRANSFER PETITION (CIVIL) NO.833 OF 2020
2021 INSC 611
family petition_dismissed

AI Summary

The Supreme Court dismissed the petition to transfer a divorce case from Andhra Pradesh to Odisha, directing the original court to proceed expeditiously and ordering the husband to bear the wife's travel expenses.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.833 OF 2020
RUCHIKA SWAIN Petitioner
VERSUS
SANDEEP KUMAR MALLICK Respondent
This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent- husband in the Court of Senior Civil Judge, Vizianagaram, Andhra
Pradesh to the Family Court, Cuttack, Odisha.
Heard learned counsel for the parties and perused the record.
This Court is of the opinion that the interest of justice would be best subserved if the proceedings are allowed to continue in the Court at Vizianagaram, Andhra Pradesh, subject to the condition that the respondent-husband would pay to the petitioner- wife a sum of Rs.10000/- (Rupees Ten Thousand Only) for her expenses on account of travel, boarding and lodging on the date(s) of hearing or as and when her presence may be required by the Court concerned. It is clarified that such amount shall be made over by the respondent to the petitioner on every date when she attends the
Court at Vizianagaram.
ORDER

2021 INSC 611

Having regard to overall circumstances of the case, this Court is of the opinion that the Court at Vizianagaram should decide H.M.O.P. No.106/2019 on merits as expeditiously as possible and in any case within a year from today. The Transfer Petition is disposed of in aforesaid terms. ........................J. [S. RAVINDRA BHAT] NEW DELHI; OCTOBER 04, 2021

JUDGMENT