16 March 2009
Supreme Court
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SNEEGDHA @ MAMTA Vs PRIYADARSHI KUMAR

Case number: T.P.(C) No.-000690-000690 / 2008
Diary number: 16235 / 2008
Advocates: Vs PUJA SHARMA


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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C.) NO.690 OF 2008

SNEEGDHA @ MAMTA Petitioner(s)

                       VERSUS

PRIYADARSHI KUMAR         Respondent(s)

O R D E R

Heard both sides.

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

at Muzaffarpur in Bihar and the respondent-husband has filed a matrimonial

Title Suit No.127/2006 before the Family Court at Ranchi, Jharkhand and the

petitioner says that she is not in a position to defend the case in view of her

financial condition as she is staying at Muzaffarpur. This plea is opposed by

the  husband.   We  do  not  think  that  this  is  a  justifiable  ground  for  not

transferring the case.  Accordingly, we direct for transfer of Matrimonial Title

Suit No.127/2006 titled 'Priyadarshi Kumar Vs. Sneegdha @ Mamta' from the

Court  of  Principal  Judge,  Family  Court  at  Ranchi  to  the  family  Court  at

Muzaffarpur, Bihar.  The Principal Judge,  Family Court  at

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Ranchi is directed to send all the papers to the Family Court at Muzaffarpur,

Bihar.

The transfer petition is allowed accordingly.

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

................J.    (V.S.SIRPURKAR)

................J.    (P.SATHASIVAM)

NEW DELHI; 16TH MARCH, 2009.