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NON-REPORTABLE    

IN THE SUPREME COURT OF INDIA  CIVIL ORIGINAL JURISDICTION  

 TRANSFER PETITION (C) NO.490 OF 2008  

   Monika Soni                                               ...Petitioner    VERSUS    Kamal Soni                                            ...Respondent    

      O  R  D  E  R     

1. This is a petition filed at the instance of the wife under Section  

25 of the Code of Civil Procedure, 1973 read with Order XXXVI  

Supreme Court Rules, 1966 seeking transfer of a case for a decree of  

divorce being Matrimonial Case No. 6/2007 filed under Section  

13(1)(a) of  the Hindu Marriage Act, now pending in the Court of  

S.D.J.M. Bargarh, Orissa to any Family Court having competent  

jurisdiction within Jaipur in the State of Rajasthan.    

2. Having heard the learned counsel for the parties and after  

considering the materials on record and the statements made in the  

petition for transfer and having considered the age of the petitioner,

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we are of the view that the aforesaid Matrimonial Case being Case  

No. 6/2007 be transferred to the Family Court at Jaipur in the State of  

Rajasthan.  Accordingly, we allow this application for transfer and  

direct the transfer of the aforesaid case to the Family Court at Jaipur,  

Rajasthan.  The S.D. J. M., Bargarh, Orissa is directed to transmit the  

case records of the aforesaid case to the Family Court at Jaipur,  

Rajasthan within a period of two months from the date of supply of a  

copy of this order to him.   

3. With the aforesaid directions, the application for transfer is  

thus allowed.  There will be no order as to costs.    

                         …………………………J.              [TARUN CHATTERJEE]  

NEW DELHI;                             …………………………J.  DECEMBER 03, 2008.        [G. S. SINGHVI]