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ANITA v. VIJAY KUMAR

Supreme Court of India | Diary 10255/2012

Status

ROP - of Main Case

Decided On

21-09-2012

Bench

Petitioner

ANITA

Respondent

VIJAY KUMAR

Primary Holding

In matrimonial transfer petitions, hardship to the wife arising from geographic distance from her place of residence constitutes sufficient ground to transfer matrimonial proceedings to a court having jurisdiction at her place of residence.

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Full Judgment Text

ÚITEM NO.6 COURT NO.7 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). 594 OF 2012ANITA Petitioner(s) VERSUSVIJAY KUMAR Respondent(s)(With appln(s) for stay and office report )Date: 21/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Kirpal Singh, Adv. for Mr. Debasis Misra,Adv.For Respondent(s) Mr. J.K Bhellorina, Adv. for Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following O R D E R Transfer Petition is allowed in terms of signed order.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master | [SIGNED ORDER IS PLACED ON THE FILE] IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 594 OF 2012| ANITA |...| PETITIONER(s) || Versus |

| VIJAY KUMAR |...| RESPONDENT(s) | O R D E R This is wife's petition seeking transfer of Civil Suit No.302 of 2011, Vijay Kumar vs. Anita, from the court of Civil Judge (Sr.Division), Balrampur (U.P.) to the court of competent jurisdiction atRohini Courts, Delhi.2. The notice of the Transfer Petition has been served on therespondent and in response thereto, he has filed counter-affidavit.3. The petitioner has filed rejoinder-affidavit.4. Having regard to the available pleadings on the recordand the fact that the wife resides in Delhi, we are satisfied that thepetitioner-wife shall be put to greater hardship if the matrimonialproceedings are allowed to be continued at Balrampur (U.P.) which isabout 600 K.Ms. away from the place of residence of the petitioner.5. We, accordingly, allow the Transfer Petition andtransfer Civil Suit No. 302 of 2011, Vijay Kumar vs. Anita : 2 :from the Court of Civil Judge (Sr. Division), Balrampur (U.P.) to the courtof Principal Judge, Family Court, Rohini Courts, Delhi. The Civil Judge(Sr. Division) Balrampur (U.P. ) shall ensure that the entire record andproceedings pertaining to the Civil Suit No. 302 of 2011 are transmitted tothe transferee court without any delay. No costs. .....................J. (R.M. LODHA) .....................J. (ANIL R. DAVE ) NEW DELHI SEPTEMBER 21, 2012.

p ITEM NO.62 COURT NO.7 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). 594 OF 2012ANITA Petitioner(s) VERSUSVIJAY KUMAR Respondent(s)(With appln(s) for stay and office report)Date: 21/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Kirpal Singh, Adv. Mr. Debasis Misra,Adv.For Respondent(s) Mr. Rameshwar Prasad Goyal,Adv. Mr. J.K. Bhellonia, Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner prays for time for filing rejoinder affidavit. Rejoinder affidavit may be filed by the petitioner within three weeks. List the matter thereafter.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |

ITEM NO.89 REGISTRAR COURT.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAH TRANSFER PETITION (CIVIL.) NO(s). 594 OF 2012ANITA Petitioner(s) VERSUSVIJAY KUMAR Respondent(s)(With appln(s) for stay and office report )Date: 23/07/2012 This Petition was called on for hearing today.For Petitioner(s) Mr Kirpal Singh, Adv. Mr. Debasis Misra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue fresh notice. It is to be forwarded for service upon the unserved respondentthrough the concerned Trial Court- to which stay order is forwarded- withthe specific direction to the Process Server to serve the notice upon theunserved respondent (who is the petitioner before that Court in pendinglitigation) either through the learned Advocate appearing for such litigantor even by affixing the same at the address disclosed before that Court inthe petition filed by the present respondent, since he could not be servedby regular notice. If respondent is not found at the registered addressand failed to disclose his correct address, in the matter which is pendingbefore that Court, then that Court shall take appropriate steps, as perCode of Civil Procedure. -2-Item No.89 Process fee and spare copies to be paid before 3.8.2012. If not paid, list before the Hon'ble Judge in Chambers for non-prosecution against unserved respondent. If paid, issue notice as per above order. List again on 18.9.2012. | |(S.G.SHAH)REGISTRAR | |hj

¦ITEM NO.6 COURT NO.7 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). 594 OF 2012(FOR PREL. HEARING)ANITA Petitioner(s) VERSUSVIJAY KUMAR Respondent(s)(With appln(s) for ex-Parte stay)Date: 08/05/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Kirpal Singh, Adv. Mr. Debasis Misra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice returnable in ten weeks. Dasti in addition to the ordinary process. In the meanwhile, further proceedings in Civil Suit No. 302/2011 pending before the Civil Judge, Senior Division, Balrampur, Uttar Pradesh shall remain stayed. (Rajesh Dham) (Renu Diwan) Court Master Court Master

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