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Supreme Court of India
Pooja Rathod vs Tarun Rathod on 6 December, 2021Author: B.V. Nagarathna
Bench: [ Nagarathna]
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No.532/2021
POOJA RATHOD Petitioner
VERSUS
TARUN RATHOD Respondent
O R D E R
The Petitioner is the wife of the Respondent. The petitioner
has filed this petition under Section 25 of Code of Civil
Procedure, 1908 seeking transfer of H.M.O.P No. 2941 of 2020 titled
as “Tarun Rathod Vs. Pooja Rathod” filed by the respondent herein
under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, in the
Court of the Family Judge at Chennai, Tamil Nadu to the Additional
Family Court Judge, City Civil Court at Hyderabad, Telangana State.
I have heard the learned counsel for the petitioner and
learned counsel for the respondent.
During the course of the submissions, it is brought to my
notice that the distance between Chennai and Hyderabad is over 600
Kms and that the petitioner is not in a position to contest the
aforesaid case by travelling to Chennai everytime the case is
posted at Chennai. On the other hand, it would be possible for the
respondent to prosecute the case at Hyderabad. Therefore, the
Signature Not Verified
prayer sought for by the petitioner may be allowed.
Digitally signed by
Indu Marwah
Date: 2021.12.11
15:57:27 IST
Reason:
Having regard to the facts of the present case and bearing in
mind that the petitioner herein is residing in Hyderabad which is
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in Telangana State which is over 600 Kms away from Chennai in which
place the respondent has filed the aforesaid petition and bearing
in mind expediency and interest of justice, the prayer sought for
by the petitioner is granted.
In the circumstances, H.M.O.P No. 2941 of 2020 titled as
“Tarun Rathod Vs. Pooja Rathod” is transferred as sought by the
petitioner.
In view of the disposal of this Transfer Petition, the stay of
further proceedings before the Family Court at Chennai would no
longer operate.
Both parties are directed to appear before the concerned
Family Court of Competent Jurisdiction at Telangana on 24 th January,
2022.
The Transfer Petition is allowed accordingly.
……………………………J.
[B.V. NAGARATHNA]
NEW DELHI
DECEMBER 06, 2021
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