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Supreme Court of India

KAVITA OJHA vs ASHWANI KUMAR SHARMA on 17 December, 2008

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T.P.(C) No.-000067-000067 - 2008Official PDFAdvocates K. SARADA DEVI
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL)NO. 67 OF 2008
KAVITA OJHA ... Appellant(s)
Versus
ASHWANI KUMAR SHARMA ... Respondent(s)
O R D E R

Having heard learned counsel for the respective parties, we are of

the view that sufficient grounds have been made out for allowing the

petition for transfer, having particular regard to ground No.(i) which

indicates that the petitioner has a minor female child of two years and it is,

therefore, difficult for her to travel from Chennai to Churu, Rajasthan, to

conduct the matrimonial case filed by the respondent-husband.

Accordingly, the transfer petition is allowed.

Let the Civil Case No.68 of 2007, pending in the court of District

& Sessions Judge, Churu (Rajasthan), be transferred to the Family Court at

Chennai (Tamil Nadu).

It will be upto the parties to approach the Mediation Cell in

Madras High Court, if so advised.

New Delhi, December 17, 2008.