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Mona Aresh Goel v. Aresh Satya Goel

Mona Aresh Goel v. Aresh Satya Goel

(Supreme Court Of India)

Transfer Petition (Civil) No. 793 Of 1999 | 21-01-2000

1. The respondent husband has been served but does not appear.

2. The transfer petition is filed by the wife to transfer the divorce proceedings taken by the husband in Bombay to Delhi, where she now stays with her parents. The transfer petition avers that the wife has no independent income and that her parents are not in a position to bear the expenses of her travel from Delhi to Bombay to contest the divorce proceedings. She avers that she is twenty-two years old and cannot travel to and stay in Bombay alone for there is no one in Bombay with whom she can stay. We are of the opinion that the transfer petition should, in the circumstances, be allowed.

3. The transfer petition is made absolute in terms of prayer (a). MJ Petition No. A-636 of 1999 pending before the Family Court at Bandra, Bombay is transferred to the Court of the District Judge, Tis Hazari, Delhi, who shall hear it himself or assign it for hearing to a competent court.

4. No order as to costs.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE M. B. SHAH
  • HON'BLE JUSTICE S. P. BHARUCHA
  • HON'BLE JUSTICE S. S. M. QUADRI
Eq Citations
  • JT 2000 (3) SC 603
  • AIR 2000 SC 3512
  • (2000) 9 SCC 255
  • LQ/SC/2000/157
Head Note

Civil Procedure Code, 1908 — Or. 21 Rr. 13, 14 and 15 — Transfer of suit — Divorce proceedings — Transfer of, to Tis Hazari District Judge, Delhi, where wife stays with her parents — Transfer petition made absolute