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Sumita Singh v. Kumar Sanjay & Another

Sumita Singh
v.
Kumar Sanjay & Another

(Supreme Court Of India)

Transfer Petn. (C) No. 396 of 2000 | 26-02-2001


1. This is a transfer petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Ara, Bhojpur to Delhi. It is her case that she is now living and working in Delhi and that she would be unable to travel up and down from Delhi to Ara, a distance of about 1100 Kilometers from Delhi, to defend the matrimonial proc- eedings. She also states that she has no. one with whom she can stay in Ara because her parents are residents of Gurgaon.

2. Learned counsel for the husband states that the wife is an educated woman who is doing very well and can, therefore, travel to Ara while the husband is unemployed.

3. It is the husbands suit against the wife. It is the wifes convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute.

4. Accordingly, Matrimonial Case No. 30 of 2000 pending before the VIth Additional District and Sessions Judge, Ara, Bhojpur, Bihar shall stand transferred to the District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate forum.

5. No. order as to costs.

Advocates List

For the Appearing Parties ------------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE S.P. BHARUCHA

HON'BLE MR. JUSTICE Y.K. SABHARWAL

Eq Citation

AIR 2002 SC 396

(2001) 10 SCC 41

LQ/SC/2001/563

HeadNote

Penal Code, 1860 - S. 498-A and S. 304-B — Transfer of matrimonial proceedings — Transfer of matrimonial proceedings filed by husband against wife in Ara, Bhojpur to Delhi — Transfer petition by wife — Husband's suit against wife — It is wife's convenience that, therefore, must be looked at — Circumstances indicated above are sufficient to make transfer petition absolute — Accordingly, Matrimonial Case No. 30 of 2000 pending before VIth Additional District and Sessions Judge, Ara, Bhojpur, Bihar shall stand transferred to District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate forum — Criminal Procedure Code, 1973, Ss. 24 and 25