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Supreme Court of India
Mamta vs Kailash Chand Agrawal on 22 November, 2021Author: B.V. Nagarathna
Bench: B.V. Nagarathna
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2460 OF 2019
MAMTA Petitioner(s)
VERSUS
KAILASH CHAND AGRAWAL Respondent(s)
O R D E R
This petition has filed under Section 25 of the Code of Civil
Procedure ,1908 by the petitioner-wife seeking transfer of Divorce
case No. 94 of 2018 titled as “Shri Kailash Chand Agrawal Vs. Smt.
Mamta” under Section 13 of the Hindu Marriage Act, 1955, pending in
the Court of Additional District Judge, No. 1, Aburoad, Sirohi,
Rajasthan to the Court of the 28-4 th Additional Civil Judge & JMFC,
Ghandinagar, Gujarat.
By Order dated 18th October, 2019, notice was issued to the
respondent and the same has been served on the respondent as per
postal tracking report on 19.11.2019. But there is no
representation on behalf of the respondent.
In the aforesaid circumstances, I have heard learned counsel
for the petitioner and perused the material on record.
Learned counsel for the petitioner submitted that the
aforesaid case has been filed by the respondent in Sirohi in the
Signature Not Verified
Court
Digitally signed by Dr.
Mukesh Nasa
of Additional District Judge, No. 1, Aburoad, Sirohi,
Date: 2021.11.26
14:36:15 IST
Reason:
Rajasthan, while the petitioner is residing in Gandhinagar Gujarat
which is a distance of about 237 Km. That it is not possible for
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the petitioner to travel all the way to Sirohi district of
Rajasthan for the purpose of defending the aforesaid case. In such
circumstances, the transfer of aforesaid divorce case has been
sought.
As already noted, despite service of notice of the respondent,
there is no representation.
Having regard to the facts pleaded in the petition and on
hearing learned counsel for the petitioner, I find that it is just
and appropriate to transfer the Divorce Case No. 94 of 2018 titled
as “Shri Kailash Chand Agrawal Vs. Smt. Mamta” pending on the file
of Additional District Judge, No. 1, Aburoad, Sirohi, Rajasthan to
the Court of the Additional Civil Judge & JMFC, Ghandinagar,
Gujarat.
Ordered accordingly.
The petition is allowed in the aforesaid terms.
……………………………J.
[B.V. NAGARATHNA]
NEW DELHI;
NOVEMBER 22, 2021
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