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SAVITA v. AMIT

Supreme Court of India | Diary 32047/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE SANJAY KAROL, HON'BLE MR. JUSTICE K.V. VISWANATHAN

Petitioner

SAVITA

Respondent

AMIT

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition (Civil) No.2685/2024

SAVITA Petitioner(s)

VERSUS

AMIT Respondent(s)

O R D E R

This petition is filed under Section 25 of the Code of

Civil Procedure seeking transfer of petition under Section 9

of the Hindu Marriage Act, being Matrimonial Case No.

391/2024, titled “Amit vs. Savita“ pending before the Family

Court at Moradabad to the Family Court, Karkardooma Court,

North-East District, Delhi.

The grounds of transfer, as set out in the petition being

that the petitioner has no source of income and complaint of

the petitioner is pending before CAW Cell, Delhi; also on

account of long distance, she is unable to effectively defend

the proceedings initiated by the respondent at Moradabad,

Uttar Pradesh.

Despite service of notice, the respondent has chosen not

to appear and contest the matter. Heard learned counsel for

the petitioner and perused the materials available on record.

On such consideration, we are of the view that the

transfer can be allowed. Consequently, the Transfer Petition

is allowed.

Accordingly, the petition under Section 9 of the Hindu

Marriage Act, being Matrimonial Case No. 391/2024, titled

“Amit vs. Savita“ pending before the Family Court at Moradabad

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is transferred to the Family Court...

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