Supreme Court of India
Rachna vs Ashok on 22 November, 2021Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.420 OF 2020
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 HMA No.
67 of 2019 titled as “Ashok vs. Rachna Devi” under Section 9 of the
Hindu Marriage Act, 1955 in the Court of Learned Additional
District and Sessions Judge, Ambah, M.P. to the Learned Family
Court, Saket, New Delhi.
Respondent was served on 10th June, 2020.
By Order dated 08th November, 2021, Office was directed to
ascertain whether the vakalatnama has been filed on behalf of the
Respondent and if so, to put up in the next date of hearing. It is
noted that there is no representation on behalf of the respondent.
In the said 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 Ambah in the
Court of Learned Additional District and Sessions Judge,Ambah,
Signature Not Verified
M.P., while the petitioner is residing in Delhi which is a distance
Digitally signed by Dr.
of about 800 Km. That it is not possible for the petitioner to
travel all the way to Ambah District of M.P., for the purpose of
defending the aforesaid case. In such circumstances, the transfer
of aforesaid petition has been sought.
As already noted, despite respondent being served, there is no
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 HMA NO. 67 of 2019 titled as “Ashok vs.
Rachna Devi” to the Learned Family Court, Saket, New Delhi.
The petition is allowed with the aforesaid terms.
NOVEMBER 22, 2021