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SHARMISHTHA PATEL v. MITRA KUMAR PATEL

Supreme Court of India | Diary 10033/2011

Status

ROP - of Main Case

Decided On

05-09-2011

Bench

Petitioner

SHARMISHTHA PATEL

Respondent

MITRA KUMAR PATEL

Primary Holding

Under Section 25 of the Code of Civil Procedure, 1908, sufficient cause shown by a spouse regarding convenience and hardship constitutes valid grounds for transfer of matrimonial proceedings from one Family Court to another across states.

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Full Judgment Text

f 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL.) NO(s). 416 OF 2011SHARMISHTHA PATEL ...PETITIONER VERSUSMITRA KUMAR PATEL ...RESPONDENT O R D E R Rule. By filing this petition under Section 25 of theCode of Civil Procedure, 1908 the petitioner has prayed totransfer Matrimonial Case No. 1764 of 2010 titled as ShriMitra Kumar Patel Vs. Smt. Sharmishtha Patel pendingbefore the Family Court at Bangalore to DistrictCourt/Family Court at Seoni, Madhya Pradesh. This Court has heard the learned counsel for thepetitioner and the respondent who has appeared in-person. This Court has also taken into consideration theaverments made by the respondent in his affidavit inreply. For the reasons mentioned in grounds Nos. 18(B) to18(H) of petition, this Court is of the opinion thatsufficient cause is made out by the petitioner for grantof relief claimed in the petition. Hence, the prayermade in the application deserves to be granted. For the foregoing reasons, the petition succeeds.Matrimonial Case No. 1764 of 2010 titled as Shri MitraKumar Patel Vs. Smt. Sharmishtha Patel pending before the 2Family Court at Bangalore is hereby transferred to theDistrict Court/Family Court at Seoni, Madhya Pradesh. Rule is made absolute. The petition stands disposed of accordingly. ....................J. (J.M. PANCHAL)

....................J. (H.L. GOKHALE)NEW DELHI;DATED SEPTEMBER 5, 2011 3ITEM NO.41 COURT NO.10 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 416 OF 2011SHARMISHTHA PATEL Petitioner(s) VERSUSMITRA KUMAR PATEL Respondent(s)(With appln(s) for stay and office report )Date: 05/09/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. Akshat Shrivastava, Adv. Mr. P.P. Singh,Adv.For Respondent(s) Respondent-In-Person UPON hearing counsel the Court made the following O R D E R The transfer petition is disposed of in terms of the signed order. (Sonia) (Sneh Bala Mehra) Sr. P. A. Court Master (Signed order is placed on the file).

&ITEM NO.4 COURT NO.13 SECTION XVIA(FOR PREL. HEARING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 416 OF 2011SHARMISHTHA PATEL Petitioner(s) VERSUSMITRA KUMAR PATEL Respondent(s)(With appln(s) for ex-Parte stay,exemption from filing O.T.)Date: 18/04/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. Akshat Shrivastava, Adv. Mr. P.P. Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. By way of ad-interim relief, further proceedings of Matrimonial Case No. 1764/2010 titled as Shri Mitra Kumar Patel vs. Smt. Sharmishtha Patel pending before the Family Court at Bangalore are stayed till further orders. (Sonia) (Sneh Bala Mehra) Sr P.A. Court Master

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