IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1062 OF 2021
ADLIN SUNDARAJAN PETITIONER
VERSUS
DINESH KUMAR R RESPONDENT
O R D E R
1. The present petition has been filed by the petitioner
(wife) seeking transfer of the divorce case M.C.No. 5046 of
2020, titled “Dinesh Kumar R Vs. Adlin Sundarajan” from the
Family Court, Bangalore, Karnataka to the Family Court,
Nagercoil, District Kanyakumari, Tamil Nadu.
2. It is contended by learned counsel for the petitioner,
though she is staying in Sweden, her mother being Power of
Attorney is staying in Kanyakumari. She is a senior citizen.
Therefore, transfer has been prayed for.
3. On the other hand, learned counsel for the
respondent(husband) submits that the petitioner is not in
India and she may appear virtually in Court where the divorce
petition is pending from the place where she is staying.
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Therefore, request of transfer is not bonafide.
4. Having considered the submissions, we find substance
in the contention of the respondent. As the petitioner is
staying in Sweden, she may appear virtually in Court where
the case of divorce is pending. In our view, exercise of
jurisdiction to transfer the case for the reason as aforesaid,
do not appear to be justified.
5. Accordingly, the Transfer Petition is dismissed.
6. However, the Court concerned may allow the petitioner
to appear virtual...