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Rashmi Rohan Shetty vs Rohan Raghunath Shetty

Supreme Court Of India|25 October, 2021
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JUDGMENT / ORDER

Summary

Issue: Transfer of divorce petition from one court to another
Rule: Section 22 of the Code of Civil Procedure, 1908 (CPC)
Application: The petitioner, a wife, has sought the transfer of a divorce petition filed by her husband in the Family Court at Thane, Maharashtra, to a court of competent jurisdiction at Mangalore, Karnataka, as she is currently residing there.
Conclusion: The transfer is allowed to enable the petitioner to effectively defend the petition and to avoid any unnecessary delay or inconvenience in the proceedings.
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 SIGaN foresaid petition namely M.P. No. A123/2019 titled as “Mr. Rohan Raghunath Shetty Vs. Mrs. Rashmi Rohan Shetty” is directed to be transferred to a Court of competent jurisdiction that is the competent Family Court, at Mangalore, Karnataka.
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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Title

Rashmi Rohan Shetty vs Rohan Raghunath Shetty

Court

Supreme Court Of India

JudgmentDate
25 October, 2021
Judges
  • B V Nagarathna