07 April 2008
Supreme Court
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MEGHA ACHARYA Vs DEVENDRA ACHARYA

Case number: T.P.(C) No.-000034-000034 / 2008
Diary number: 1117 / 2008


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CASE NO.: Transfer Petition (civil)  34 of 2008

PETITIONER: MEGHA ACHARYA

RESPONDENT: DEVENDRA ACHARYA

DATE OF JUDGMENT: 07/04/2008

BENCH: CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN

JUDGMENT: JUDGMENT O R D E R TRANSFER PETITION (CIVIL) NO.34 OF 2008

       Heard both sides.

2.      The petitioner in this case is the wife and she is the respondent in a petition file d  under Section 13 of the Hindu Marriage Act for divorce in the Court of ADJ, Ratlam, M.P.   We are told that the petitioner-wife is now staying with her parents at Dahod (Gujarat).   Learned counsel for the petitioner submits that the petitioner would not be in a position to   defend the case at Ratlam.  On the facts and circumstances, this is a fit case for transfer.   We  direct that the case H.M.P.No.10 A of 2007 titled as Devendra Acharya Vs. Smt.Megha  Acharya pending in the Court of ADJ IV, Ratlam (M.P.) be transferred to the Court of  competent jurisdiction at Dahod (Gujarat).  All the records be transmitted to the Court of  competent jurisdiction at Dahod (Gujarat) by the ADJ IV, Ratlam (M.P.). 3.      The transfer petition is allowed accordingly.