15 January 2008
Supreme Court
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DIVYA Vs CHANDRA PRATAP SINGH

Case number: T.P.(C) No.-000271-000271 / 2007
Diary number: 11619 / 2007


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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

TRANSFER PETITION(C) NO.271 OF 2007

       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.