IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) Nos. 1081-1082 OF 2008
SEEMA ... Petitioner(s)
Versus
SUDHIR ... Respondent(s)
ORDER
This is an application for transfer of Original Petition, being M.O.P. 136 of
2007, titled Seema Vs. Sudhir S. and O.P. 197 of 2007, titled Sudhir S. Vs. Seema,
pending before the Family Court at Palakkad, Kerala, to the Family Court at
Bangalore, State of Karnataka. Admittedly, the proceedings have been initiated
before the Family Court at Palakkad by the petitioner wife for divorce. However,
according to the petitioner, after her separation from the respondent, she has been
forced to take up an employment in Bangalore, where she is living with her minor
daughter, aged about 5 years. The minor daughter is also attending school in
Bangalore.
-2-
Despite the difficulties expressed on behalf of the respondent, mainly on
account of examination of witnesses, we are inclined to allow the transfer petitions
mainly on account of the fact that the minor girl child is with her mother. Apart from
the fact that it would be difficult for the petitioner to leave the child to attend to the
court proceedings in Bangalore, it would also be difficult to take her minor child with
her for the said purpose. Besides, it would also lead to disruption of the child’s studies
in school. It is on the said grounds that we allow the transfer petitions.
Let the Original Petition, being M.O.P. 136 of 2007, and O.P. 197 of 2007,
pending before the Family Court at Palakkad, Kerala, be transferred to the Family
Court at Bangalore, Karnataka.
……………….J.
(ALTAMAS KABIR)
……………….J.
(CYRIAC JOSEPH)
New Delhi,
April 20, 2009.