2024 INSC 1014
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.278 OF 2023
RINKU BAHETI … PETITIONER
VERSUS
SANDESH SHARDA … RESPONDENT
J U D G M E N T
NAGARATHNA, J.
This transfer petition has been filed by the petitioner-wife
under Section 25 of the Code of Civil Procedure, 1908 (for short
“CPC”), seeking the following reliefs:
“a) Grant transfer of Divorce Petition case filed under section 13 (1) of Hindu Marriage Act, 1955 bearing RCS(HM) No. 1379 of 2022 titled as Sandesh Sharda Versus Rinku Baheti pending in the Hon'ble Court of Ld. Principal Judge, Family Courts District Bhopal, Madhya Pradesh to the Court of Ld. Principal Judge, Family Courts, District Pune, Maharashtra; and
b) Pass such other order(s) or directions as this Hon'ble
Court may deem fit and proper in the circumstances of the case, to meet the ends of the justice.”
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2. The question for consideration before us is not just whether
the petitioner is entitled to the aforesaid relief, but also whether
this Court, upon the application filed by the respondent-husband,
can exercise its powers under Article 142(1) of the Constitution of
India to...