NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO.490 OF 2008
Monika Soni
...Petitioner
VERSUS
Kamal Soni
...Respondent
O R D E R
1. This is a petition filed at the instance of the wife under Section
25 of the Code of Civil Procedure, 1973 read with Order XXXVI
Supreme Court Rules, 1966 seeking transfer of a case for a decree of
divorce being Matrimonial Case No. 6/2007 filed under Section
13(1)(a) of the Hindu Marriage Act, now pending in the Court of
S.D.J.M. Bargarh, Orissa to any Family Court having competent
jurisdiction within Jaipur in the State of Rajasthan.
2. Having heard the learned counsel for the parties and after
considering the materials on record and the statements made in the
petition for transfer and having considered the age of the petitioner,
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we are of the view that the aforesaid Matrimonial Case being Case
No. 6/2007 be transferred to the Family Court at Jaipur in the State of
Rajasthan. Accordingly, we allow this application for transfer and
direct the transfer of the aforesaid case to the Family Court at Jaipur,
Rajasthan. The S.D. J. M., Bargarh, Orissa is directed to transmit the
case records of the aforesaid case to the Family Court at Jaipur,
Rajasthan within a period of two months from the date of supply of a
copy of this order to him.
3. 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 03, 2008. [G. S. SINGHVI]
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