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Supreme Court of India

RUCHIRA vs SHASWAT BABU on 16 April, 2008

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T.P.(C) No.-000655-000655 - 2007Official PDFBench Biswanath Agrawal, Ganpat Singh SinghviAdvocates RAJESH AGGARWAL
CASE NO.:
Transfer Petition (civil) 655 of 2007
PETITIONER:
Ruchira
RESPONDENT:
Shaswat Babu
DATE OF JUDGMENT: 16/04/2008
BENCH:
B.N. AGRAWAL & G.S. SINGHVI
JUDGMENT:
JUDGMENT

Heard learned counsel for the parties.

Prayer has been made in this petition for transfer of H.M.A. No.45 of 2006, titled as Shaswat Babu vs. Ruchira, pending in the court of Additional District Judge, Gurgaon, within the State of Haryana, to the Court of Civil Judge (Senior Division), Bhubaneswar, within the State of Orissa. During the pendency of this petition, the parties have filed a joint petition of compromise whereunder they have agreed that a mutual consent divorce decree be passed in the aforesaid case and Matrimonial Petition No.327 of 2007, filed by the wife, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, be dismissed. In view of this, both the aforesaid cases are transferred to this Court and Matrimonial Petition No.327 of 2007 is dismissed. So far H.M.A. No.45 of 2006 is concerned, the same is allowed and a

mutual consent divorce decree is passed therein. A bank draft for Rupees ten lakhs by way of permanent alimony has been made over by learned counsel appearing on behalf of the husband to the learned counsel appearing on behalf of the wife.

The transfer petition is, accordingly, disposed of.