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Rashmi Rohan Shetty vs Rohan Raghunath Shetty

Supreme Court25 October 2021B.V. Nagarathna

Ratio decidendi

The rule this decision rests on

A transfer petition seeking transfer of proceedings between courts of competent jurisdiction may be allowed where the petitioner resides at a considerable distance from the court in which the proceedings are pending, the respondent raises no objection to the transfer, and the transfer would enable the petitioner to effectively defend the petition.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(S)(CIVIL) NO. 3044/2019

RASHMI ROHAN SHETTY Petitioner(s)

VERSUS

ROHAN RAGHUNATH SHETTY Respondent(s)

ORDER

This transfer petition has been filed by the petitioner-wife

seeking transfer of divorce petition filed by the respondent-

husband in the Family Court at Thane, Maharashtra, to a Court of

competent jurisdiction at Mangalore, Dakshin Kannada District,

Karnataka.

Heard learned counsel for the petitioner and learned counsel

for the respondent.

It is submitted that the petitioner is presently residing at

Mangalore, Karnataka and hence the aforesaid matter may be

transferred to the competent court of jurisdiction at Mangalore.

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 Thane, Maharashtra and

Mangalore at Karnataka being considerable and in order to enable

the petitioner to effectively defend the aforesaid petition, the

aforesaid petition namely M.P. No. A123/2019 titled as “Mr. Rohan Signature Not Verified Digitally signed by

Raghunath Shetty Vs. Mrs. Rashmi Rohan Shetty” is directed to be NEETU KHAJURIA Date: 2021.10.27 12:58:33 IST Reason:

transferred to a Court of competent jurisdiction that is the

competent Family Court, at Mangalore, Karnataka. 2

It is needless to observe that both the parties will cooperate

with the competent court of jurisdiction at Mangalore 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.

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