Supreme Court of India

Purnima Sailani vs Shailendra Sailani on 5 December, 2008

Supreme Court of India
Purnima Sailani vs Shailendra Sailani on 5 December, 2008
Author: ………J.
Bench: Tarun Chatterjee, V.S. Sirpurkar
                                               NON-REPORTABLE

           IN THE SUPREME COURT OF INDIA
            CIVIL ORIGINAL JURISDICTION
          TRANSFER PETITION (C) 888 of 2007

Purnima Sailani                                ...
Petitioner

VERSUS

Shailendra Sailani                        ...Respondent


            O R D E R

1. Heard learned counsel for the parties.

2. This is an application for transfer filed at the

instance of the wife petitioner under Section 25 of

the Code of Civil Procedure seeking transfer of

Marriage Petition No. 693 of 2007 (Shailendra

Sailani Vs. Purnima Sailani) now pending in the

Family Court at Allahabad to a Court of competent

jurisdiction at Kalyan and Ulhasnagar, Distt. Thane,

Maharashtra.

2. Having heard the learned counsel for the

parties and after going through the materials on

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record and considering the fact that a petition

under Section 125 of the Cr. PC is already pending

before the Civil Judge and Judicial Magistrate, First

Class, Ulhasnagar, Maharashtra and considering the

fact that the wife petitioner is having one minor

daughter named, Kavya, born on 27th of March,

2002, it would be difficult for her to attend the

Court proceedings at Allahabad, we feel it proper to

transfer the case from Family Court of Allahabad to

Family Court at Ulhasnagar, Distt. Thane,

Maharashtra. Accordingly, the case being Marriage

Petition No. 693 of 2007 stands transferred from

Family Court of Allahabad to Family Court at

Ulhasnagar, Distt. Thane, Maharashtra.

3. The learned Judge of Family Court at

Allahabad is directed to transmit the case records

of the aforesaid case to the Family Court at

Ulhasnagar, Distt. Thane, Maharashtra within a

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period of one month from the date of supply of a

copy of this order to him.

4. With the aforesaid directions, the application

for transfer is thus allowed. There will be no order

as to costs.

…………………………J.
[TARUN CHATTERJEE]

NEW DELHI …………………
………J.

DECEMBER 05, 2008                                         [V.S.
SIRPURKAR]




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