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Supreme Court of India

DIVYA vs CHANDRA PRATAP SINGH on 15 January, 2008

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T.P.(C) No.-000271-000271 - 2007Official PDFBench Hotoi Khetoho Sema, Markandey Katju
CASE NO.:
Transfer Petition (civil) 271 of 2007
PETITIONER:
DIVYA
RESPONDENT:
CHANDRA PRATAP SINGH
DATE OF JUDGMENT: 15/01/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT

O R D E R

This is a wife’s petition to transfer the Divorce Petition from Agra to Delhi. The ground taken in this petition is that the wife-petitioner’s father is suffering from cancer. This ground is also taken that she is having three years old daughter studying in Ryan Public International School, Faridabad, therefore, she will not be able to go to Agra from Delhi to contest the suit.

The respondent was served but declined to accept the notice. Enough opportunity is given to him but he has chosen not to appear.

Considering the above facts, we allow the transfer petition. Accordingly, Divorce Petition in Suit No.106 of 2006 titled as Shri Chandra Pratap Singh vs. Smt. Divya pending before the Court of Family Judge, Agra, Uttar Pradesh is transferred to the Court of District Judge, Delhi, who shall hear the suit himself or assign it to any other Judge competent to try such case.