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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C.) NO.1197 OF 2008

GUNJAN BANSAL Petitioner(s)

                       VERSUS

ATUL BANSAL         Respondent(s)

O R D E R

Heard both sides.

The petitioner herein is the wife and is staying with her parents

at  Dehradun  in  Uttarakhand  along  with  her  seven  year  old  child.  The

respondent-husband has filed a matrimonial Suit before the Family Court at

Agra and the petitioner says that she is not in a position to defend the case

in  view of  her  financial  condition  and  seeks  for  transfer  of  the  case  to

Dehradun. This plea is opposed by the husband as he is having bronchial

asthma and other illnesses and the transfer of the case would cause great

inconvenience to him.  We do not think that this is an appropriate ground for

rejecting  the  transfer  of  the  petition  as  the  respondent  can  very  well

prosecute  his  case  at  Dehradun.Therefore,we  direct  for  transfer  of

H.M.A.Case No.426 of 2008 pending before the Family Court at Agra to the

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Family Court at Dehradun.  All records be transferred by the Family Court at

Agra to the Family Court at Dehradun.  

The transfer petition is allowed accordingly.

..................CJI. (K.G.BALAKRISHNAN)

....................J.    (V.S.SIRPURKAR)

....................J.    (P.SATHASIVAM)

NEW DELHI; 16TH MARCH, 2009.