Babita Srivastava vs Vinod Srivastava

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(S)(CIVIL) NO. 1867/2019

BABITA SRIVASTAVA Petitioner

VERSUS

VINOD SRIVASTAVA Respondent

ORDER

This transfer petition has been filed by the petitioner-wife

Under Section 25 of the Code of Civil Procedure, 1908 seeking

transfer of divorce petition filed by the respondent-husband in the

Court of Principal District Judge Family Court at Gurugram

(Haryana) to any other court of competent jurisdiction at

Gwalior(M.P.).

Heard learned counsel for the petitioner and learned counsel

for the respondent.

It is submitted that the petitioner is presently residing at

Gwalior (M.P.) and hence the aforesaid matter may be transferred to

the competent court of jurisdiction at Gwalior.

Learned counsel for the respondent submitted that no

objection is raised by the respondent for the said transfer as

such.

In the circumstances, having regard to the difficulty pleaded

by the petitioner and the distance between Gurugram, Haryana and Signature Not Verified Digitally signed by

Gwalior at M.P. being considerable and in order to enable the NEETU KHAJURIA Date: 2021.10.27 12:58:36 IST Reason:

petitioner to effectively defend the aforesaid petition, the

aforesaid petition namely HMA No. 560/2018 titled as “Sh.Vinod 2

Srivastava vs. Dr. Babita Srivastava” is directed to be transferred

to a court of competent jurisdiction, if any, at Gwalior (M.P.).

It is needless to observe that both the parties will cooperate

with the competent court of jurisdiction at Gwalior for expeditious

disposal of the petition.

The Petition is allowed and disposed of in the aforesaid

terms.

…………………………………………………J (B.V. NAGARATHNA)

New Delhi Date: 25.10.2021.