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Supreme Court of India

MEGHA ACHARYA vs DEVENDRA ACHARYA on 7 April, 2008

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T.P.(C) No.-000034-000034 - 2008Official PDFBench Konakuppakatil Gopinathan Balakrishnan, Raju Varadarajulu Raveendran
CASE NO.:
Transfer Petition (civil) 34 of 2008
PETITIONER:
MEGHA ACHARYA
RESPONDENT:
DEVENDRA ACHARYA
DATE OF JUDGMENT: 07/04/2008
BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN
JUDGMENT:
JUDGMENT

Heard both sides.

2. The petitioner in this case is the wife and she is the respondent in a petition file d under Section 13 of the Hindu Marriage Act for divorce in the Court of ADJ, Ratlam, M.P. We are told that the petitioner-wife is now staying with her parents at Dahod (Gujarat). Learned counsel for the petitioner submits that the petitioner would not be in a position to

defend the case at Ratlam. On the facts and circumstances, this is a fit case for transfer.

We direct that the case H.M.P.No.10 A of 2007 titled as Devendra Acharya Vs. Smt.Megha Acharya pending in the Court of ADJ IV, Ratlam (M.P.) be transferred to the Court of competent jurisdiction at Dahod (Gujarat). All the records be transmitted to the Court of competent jurisdiction at Dahod (Gujarat) by the ADJ IV, Ratlam (M.P.). 3. The transfer petition is allowed accordingly.