IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION(C)NO.929 OF 2009

UDITA GUPTA ... PETITIONER(S)

VERSUS

DEVYA MOHAN ... RESPONDENT(S)

O R D E R

Heard learned counsel for the petitioner. Even though the  

respondent was served with a notice, but he has not chosen to enter  

his appearance.  The petitioner-wife is now staying at Patna with  

her  parents  and  the  respondent-husband  has  filed  HMA  Petition  

No.1393 of 2007. The petitioner-wife submits that as she is residing  

at  Patna,  she  is  unable  to  defend  the  case  at  Delhi  and  seeks  

transfer of H.M.A. Petition No.1393 of 2007 titled “Shri Devya Mohan  

Vs. Smt.Udita Gupta” pending in the Court of Additional District  

Judge, Karkardooma Court, Delhi to the Court of Principal Judge,  

Family  Court,  Patna  (Bihar).   Having  regard  to  the  facts  and  

circumstances of the case, we order accordingly.  The Additional  

District Judge, Karkardooma Court, Delhi is directed to send all  

records to the Family Court at Patna.

The Transfer Petition is disposed of accordingly.

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

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

NEW DELHI; 7TH SEPTEMBER, 2009