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ABHIRA SARKAR v. JOY MUKHERJEE

Supreme Court of India | Diary 10175/2014

Status

ROP - of Main Case

Decided On

11-08-2014

Bench

Petitioner

ABHIRA SARKAR

Respondent

JOY MUKHERJEE

Primary Holding

In matrimonial transfer petitions, hardship faced by the wife in contesting proceedings at a distant forum constitutes sufficient ground to transfer the case to a court within her jurisdiction.

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Full Judgment Text

\232 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C.) NO. 497 OF 2014 ABHIRA SARKAR Petitioner VERSUS JOY MUKHERJEE Respondent O R D E R This is a transfer petition at the instance of the petitioner-wife seeking transfer of M.C. No. 4031 of 2013 titled Joy Mukheree Vs. Abhira Sarkar pending before the Court of Principal Judge, Family Court, Bangalore, Karnataka to the Family Court, Kolkata, West Bengal. We have gone through the transfer petition as well as the averments made in the counter affidavit.Signature Not Verified Having heard counsel for the parties and inDigitally signed byNaveen KumarDate: 2014.08.1415:57:06 ISTReason: the facts and circumstances of the case and also considering the hardships which will be faced by 2the petitioner in contesting the case atBangalore, we deem it proper to allow the transferpetition and transfer the aforesaid case from theCourt of Principal Judge, Family Court, Bangalore,Karnataka to the Family Court, Kolkata, WestBengal along with all records for itsadjudication. .........................J. (DIPAK MISRA)

.........................J. (V. GOPALA GOWDA)NEW DELHIAUGUST 11, 2014 3ITEM NO.59 COURT NO.6 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(s)(Civil) No(s). 497/2014ABHIRA SARKAR Petitioner(s) VERSUSJOY MUKHERJEE Respondent(s)(with appln. (s) for stay and office report)Date : 11/08/2014 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Mr. V. K. Sidharthan, Adv. Mr. Pankaj Kumar Biswas, Adv.For Respondent(s) Mr. S. Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. Ms. Akanksha Mehra, Adv. Ms. Vishakha Upadhyaya, Adv. M/s. Lawyer S Knit & Co. UPON hearing the counsel the Court made the following O R D E R Transfer petition is allowed in terms fo the signed order. (NAVEEN KUMAR) (RENUKA SADANA) COURT MASTER COURT MASTER (Signed order is placed on the file)

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