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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