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Dr ( Smt ) Monali Gupta vs Dr Gaurav Narain Gupta

Supreme Court Of India|12 April, 2010
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JUDGMENT / ORDER

Summary

Issue: Transfer of Divorce Petition from a Family Court in Uttar Pradesh to a Court in Delhi
Rule: Section 21 of the Hindu Marriage Act, 1955 and Order X, Rule 1 of the Code of Civil Procedure, 1908
Application: The Supreme Court has allowed the transfer of Divorce Petition No. 877 of 2009 from the Family Court in Gorakhpur, Uttar Pradesh to the Court of District Judge, Tis Hazari Court, Delhi.
Conclusion: The Supreme Court's decision to transfer the divorce petition from the Family Court in Uttar Pradesh to the Court of District Judge in Delhi is based on the power vested in the court under Section 21 of the Hindu Marriage Act, 1955 and Order X, Rule 1 of the Code of Civil Procedure, 1908.
This transfer petition has been filed by the petitioner-wife seeking transfer of Divorce Petition No. 877 of 2009 titled Dr. Gaurav Narain Gupta v. Dr. (Smt.) Monali Gupta pending in Family Court, Gorakhpur, U.P. to the Court of District Judge, Tis Hazari Court, Delhi.
We have heard the learned counsel for the parties as also perused the record.
Considering the facts and circumstances of this case, we deem it proper to transfer Divorce Petition No. 877 of 2009 titled Dr. Gaurav Narain Gupta v. Dr. (Smt.) Monali Gupta pending in Family Court, Gorakhpur, U.P. to the Court of District Judge, Tis Hazari Court, Delhi. Who may either hear the case himself or assign the same for disposal to a court of competent jurisdiction.
The transfer petition is allowed accordingly.
. J [B. SUDERSHAN REDDY] . J [SURINDER SINGH NIJJAR] NEW DELHI APRIL 12, 2010.
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Title

Dr ( Smt ) Monali Gupta vs Dr Gaurav Narain Gupta

Court

Supreme Court Of India

JudgmentDate
12 April, 2010
Judges
  • B Sudershan Reddy
  • Surinder Singh Nijjar

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