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Ruchika Swain vs Sandeep Kumar Mallick

Supreme Court Of India|04 October, 2021
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JUDGMENT / ORDER

Summary

Issue: Transfer of divorce petition from one Court to another
Rule: Section 21 of the Hindu Marriage Act, 1955 and Rule 2 of the Transfer of Petitions from one Court to Another Rules, 1993
Application: The Court considers the interest of justice and the convenience of the parties before making a decision
Conclusion: The interest of justice would be best served by allowing the proceedings to continue in the Court at Vizianagaram, Andhra Pradesh, subject to the condition that the respondent pays Rs. 10,000 to the petitioner for her expenses
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.833 OF 2020 RUCHIKA SWAIN Petitioner VERSUS SANDEEP KUMAR MALLICK Respondent O R D E R This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent- husband in the Court of Senior Civil Judge, Vizianagaram, Andhra Pradesh to the Family Court, Cuttack, Odisha.
Heard learned counsel for the parties and perused the record.
This Court is of the opinion that the interest of justice would be best subserved if the proceedings are allowed to continue in the Court at Vizianagaram, Andhra Pradesh, subject to the condition that the respondent-husband would pay to the petitioner- wife a sum of Rs.10000/- (Rupees Ten Thousand Only) for her expenses on account of travel, boarding and lodging on the date(s) of hearing or as and when her presence may be required by the Court concerned. It is clarified that such amount shall be made over by the respondent to the petitioner on every date when she attends the SIGN Court at Vizianagaram.
Having regard to overall circumstances of the case, this Court is of the opinion that the Court at Vizianagaram should decide H.M.O.P. No.106/2019 on merits as expeditiously as possible and in any case within a year from today.
The Transfer Petition is disposed of in aforesaid terms.
. J.
[S. RAVINDRA BHAT] NEW DELHI; OCTOBER 04, 2021
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Title

Ruchika Swain vs Sandeep Kumar Mallick

Court

Supreme Court Of India

JudgmentDate
04 October, 2021
Judges
  • S Ravindra Bhat