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PRITI PRASAD v. NITESH PRASAD

Supreme Court of India | Diary 10124/2011

Status

ROP - of Main Case

Decided On

19-08-2011

Bench

Petitioner

PRITI PRASAD

Respondent

NITESH PRASAD

Primary Holding

A wife's inability to travel to a distant forum due to financial constraints and lack of support constitutes sufficient cause for transfer of matrimonial proceedings to the forum where she resides.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL.) NO(s). 394 OF 2011PRITI PRASAD Petitioner(s) VERSUSNITESH PRASAD Respondent(s) O R D E R This is a transfer petition filed by the petitionerherein for transferring a civil suit no. 568A of 2010 titled asNitesh Prasad Vs. Priti Prasad and pending before the ChiefPrincipal Judge, Family Court Durg (Chhatisgarh) to the court ofPrincipal Judge, Family Court, Varanasi, Uttar Pradesh. The marriage between the parties was solemnized on12.12.2009 at Varanasi according to Hindu rites. Subsequent tothe marriage, however, matrimonial disputes have arisen betweenthe parties. In view of such a dispute, the aforesaid civilsuit was filed by the respondent in the Family Court Durg,Chhatisgarh. The petitioner states that she is now staying withher father at Varanasi and that she has no means to go to Durg 2and is unable to contest the matter at Durg. In view of the statements made in the petition seekingfor transfer of the case, we issued notice to the respondent.Notice was served. However, despite service, none appeared forthe respondent when the matter was called out on the last dateI.e. 29.07.2011. However, in order to give one more opportunityto the respondent to contest this matter, we adjourned the

matter on the last date when a direction to get the matterlisted today. When the matter is called out today also, none appearsfor the respondent. Consequently, we have heard the learnedcounsel appearing for the petitioner and also gone through therecords. On hearing the counsel as also going through therecords, we are satisfied that the petitioner has been able tomake out a case for transfer. Consequently, the order is passed directing for transferof civil suit no. 568A of 2010 titled as Nitesh Prasad Vs. PritiPrasad pending before the Chief Principal Judge, Family CourtDurg (Chhatisgarh) to the court of Principal Judge, FamilyCourt, Varanasi, Uttar Pradesh. 3 With the aforesaid direction, this transfer petition isdisposed of. ............................J. (Dr. MUKUNDAKAM SHARMA) ............................J. (ANIL R. DAVE)New DelhiAugust 19, 2011. 4ITEM NO.45 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL.) NO(s). 394 OF 2011PRITI PRASAD Petitioner(s) VERSUSNITESH PRASAD Respondent(s)(With appln(s) for stay)

Date: 19/08/2011 This Petition was called on for hearing today.CORAM : HON'BLE DR. JUSTICE MUKUNDAKAM SHARMA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Arun K. Sinha,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Transfer petition is disposed of in terms of the signedorder. (NAVEEN KUMAR) (RENU DIWAN) COURT MASTER COURT MASTER (Signed order is placed on the file)

\230ITEM NO.5 COURT NO.14 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL.) NO(s). 394 OF 2011 (FOR PREL. HEARING)PRITI PRASAD Petitioner(s) VERSUSNITESH PRASAD Respondent(s)(With appln(s) for ex-Parte stay,exemption from filing O.T.)Date: 15/04/2011 This Petition was called on for hearing today.CORAM : HON'BLE DR. JUSTICE MUKUNDAKAM SHARMA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Arun K. Sinha,Adv. Mr. Rakesh Singh, Adv. Mr. Sumit Sinha, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. (NAVEEN KUMAR) (RENU DIWAN) COURT MASTER COURT MASTER

ìITEM NO.MM-14A Court No.14 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). 394 OF 2011PRITI PRASAD Petitioner(s) VERSUSNITESH PRASAD Respondent(s)(With appln(s) for ex-Parte stay and exemption from filing O.T.)Date: 06/04/2011 This Petition was called on for mentioning today.CORAM : HON'BLE DR. JUSTICE MUKUNDAKAM SHARMA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Arun K. Sinha,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List on the date notified. (DEEPAK MANSUKHANI) (RENU DIWAN) Court Master Court Master

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