Simi Mehrotra v. Anil Mehrppotra

Simi Mehrotra v. Anil Mehrppotra

(Supreme Court Of India)

Transfer Petition (Civil) No. 870 Of 2001 | 05-08-2002

(1) Heard the learned counsel for the parties.

(2) This is a transfer petition by the wife. She seeks transfer of Case No. HMA 105 of 2001 titled Anil Mehrotra v. Simi Mehrotra, filed by the respondent husband for dissolution of marriage, which is pending before the District Court, Delhi. She states that she is living with her aged parents and there is no one else to accompany her so it is not possible for her to travel from Allahabad on each date of hearing to attend the court in Delhi. The fact that the petitioner is residing in Allahabad with her aged parents is not disputed by the respondent.

(3) In view of this fact, we consider it just and proper to order that Case No. HMA 105 of 2001 be transferred from the District Court, Delhi to the Family Court, Allahabad.

(4) The transfer petition is accordingly ordered. No costs.

Advocate List
Bench
  • HON'BLE MR. JUSTICE S.M. QUADRI
  • HON'BLE MR. JUSTICE MOHAMMED QUADRI
  • HON'BLE MR. JUSTICE S.N. VARIAVA
Eq Citations
  • (2002) 10 SCC 70
  • LQ/SC/2002/769
Head Note

Civil Procedure Code, 1908 — S. 25 — Transfer of suit for dissolution of marriage — Grounds for — Impossibility of wife to travel from Allahabad to Delhi on each date of hearing to attend court in Delhi — Held, transfer of suit is just and proper — Hindu Marriage Act, 1955, Ss. 13 and 14