Supreme CourtFull Bench

Suman Bala vs Sandeep Srivastava

Supreme Court Of India · Decided on 6 January 2020 · Citation: (2020) 01 SC CK 0115

HON’BLE JUDGES
N.V. Ramana, J · Aniruddha Bose, J · V. Ramasubramanian, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (C)No. 492 Of 2019
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Judgment

12 paragraphs · 211 words

This is a transfer petition at the instance of the petitioner-wife seeking transfer of HMA No.438/2018, titled as Sandeep Srivastava vs. Suman Bala,

pending before the Family Court, Dwarka, Delhi to the District Court, Gandhinagar, Gujarat.

The petitioner has sought transfer of the case mainly on the ground of financial difficulty and her inability to travel from Gandhinagar, Gujarat to Delhi,

to attend the proceedings of the case filed by the respondent.

Notice of the transfer petition has been duly served upon the respondent, but neither he nor anyone else has appeared on his behalf even on the

second call and no counter affidavit has been filed to oppose the prayer made by the petitioner.

Heard learned counsel for the petitioner.

In view of the hardships which will be faced by the petitioner in contesting the case at Delhi, we deem it proper to allow the transfer petition and

direct transfer of HMA No.438/2018, titled as Sandeep Srivastava vs. Suman Bala, pending before the Family Court, Dwarka, Delhi to the District

Court, Gandhinagar, Gujarat along with all records for its adjudication. Ordered accordingly.

After transfer of the petition, the transferee Court is directed to make all endeavours either for amicable settlement or for early decision in the matter

without unnecessary adjournments.