Pratibha Kumari v. Mukesh Kumar Singh (SC)
BS602823
SUPREME COURT OF INDIA
Before:- R.M. Lodha and Shiva Kirti Singh, JJ.
Transfer Petition (Civil) No. 1606 of 2012. D/d.
13.1.2014.
Pratibha Kumari - Petitioner
Versus
Mukesh Kumar Singh - Respondent
Transfer of Matrimonial Case - From New Delhi to Family Court, Bihar - Wife presently residing in Arrah (Bihar) - Greater hardship shall be caused to her in case the proceedings in matrimonial case are allowed to be continued at New Delhi - Case transferred to Family Court, Arrah, Bihar.
[Paras 6 and 7]
Case Referred :-
Mukesh Kumar v. Pratibha Kumari, H.M.A. Petition No. 164 of 2011.
ORDER
1. This is wife's petition for transfer of matrimonial case being H.M.A. Petition No. 164 of 2011, titled as "Mukesh Kumar v. Pratibha Kumari", from the Court of Additional District Judge-1, Patiala House, New Delhi to the Family Court, Arrah, Bhojpur, Bihar.
2. The notice of Transfer Petition has been served on the respondent and he has filed counter-affidavit in opposition to the Transfer Petition.
3. We have heard learned Counsel for the parties and perused the averments made in the Transfer Petition and the counter-affidavit.
4. It is true that the order dated 30.11.2012 passed by the Family Court, Patiala House, New Delhi shows that the matter is at the stage of final arguments but from the said order, it is also clear that the Court has also called the DTDC official for confirmation of service report.
5. We are now informed that the petitioner has appeared before the Family Court, Patiala House, New Delhi.
6. Having regard to all relevant facts and circumstances of the case and the fact that the petitioner is presently residing in Arrah (Bihar), we are satisfied that greater hardship shall be caused to her in case the proceedings in the above matrimonial case are allowed to be continued at New Delhi.
7. We, accordingly, allow the transfer petition and transfer matrimonial case being H.M.A. Petition No. 164 of 2011, titled as "Mukesh Kumar v. Pratibha Kumari", from the Court of Additional District Judge-1, Patiala House, New Delhi to the Family Court, Arrah, Bhojpur, Bihar. The transferrer Court shall transmit the record and proceedings of the transferred matrimonial case to the transferee Court without any delay.
8. The transferee Court is requested to hear and decide the transferred matrimonial case as expeditiously as may be possible. The parties are directed to co-operate with the transferee Court in expeditious disposal of the matrimonial case.
9. No costs.
Transfer Petition allowed.