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SURABHI v. NITIN

Supreme Court of India | Diary 27773/2023

Status

Order

Decided On

2023-12-13

Bench

HON'BLE MR. JUSTICE HRISHIKESH ROY, HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

SURABHI

Respondent

NITIN

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 1763 OF 2023

SURABHI Petitioner(s)

VERSUS

NITIN Respondent(s)

O R D E R

Heard Ms. Suja Joshi, learned counsel appearing for the

petitioner (wife). The counsel would point out that although

notice was served on the respondent, none has entered appearance.

The submission of the counsel is that the petitioner is

currently residing in her parental home at Nagpur since she was

being harassed in the matrimonial home. She has filed a

maintenance petition against the respondent and the same is pending

before the Family Court at Nagpur. As the petitioner is not

employed and is dependent on her parents, she is not in a position

to contest the respondent’s divorce case filed in the Family Court

at Indore.

Considering the above and the unrebutted pleadings in the

Transfer Petition, we allow the transfer petition. The RCS No. 1526

of 2022 titled “Nitin s/o Gajanandji Satpute v. Surabhi w/o Nitin

Satpute”, pending before the Family Court, Indore, Madhya Pradesh

is directed to be transferred to the Family Court, Nagpur,

Maharashtra.

Records of the case would be immediately transferred to the

transferee court.

The parties are directed to appear, either in person or

1

through an au...

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