Babita Srivastava vs Vinod Srivastava on 25 October, 2021

Supreme Court of India

Babita Srivastava vs Vinod Srivastava on 25 October, 2021

Author: B.V. Nagarathna

Bench: B.V. Nagarathna

                                                            1

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL ORIGINAL JURISDICTION
                                 TRANSFER PETITION(S)(CIVIL) NO. 1867/2019

     BABITA SRIVASTAVA                                                           Petitioner

                                                         VERSUS

     VINOD SRIVASTAVA                                                            Respondent

                                                        ORDER

This transfer petition has been filed by the petitioner-wife

Under Section 25 of the Code of Civil Procedure, 1908 seeking

transfer of divorce petition filed by the respondent-husband in the

Court of Principal District Judge Family Court at Gurugram

(Haryana) to any other court of competent jurisdiction at

Gwalior(M.P.).

Heard learned counsel for the petitioner and learned counsel

for the respondent.

It is submitted that the petitioner is presently residing at

Gwalior (M.P.) and hence the aforesaid matter may be transferred to

the competent court of jurisdiction at Gwalior.

Learned counsel for the respondent submitted that no

objection is raised by the respondent for the said transfer as

such.

In the circumstances, having regard to the difficulty pleaded

by the petitioner and the distance between Gurugram, Haryana and
Signature Not Verified

Digitally signed by

Gwalior at M.P. being considerable and in order to enable the
NEETU KHAJURIA
Date: 2021.10.27
12:58:36 IST
Reason:

petitioner to effectively defend the aforesaid petition, the

aforesaid petition namely HMA No. 560/2018 titled as “Sh.Vinod
2

Srivastava vs. Dr. Babita Srivastava” is directed to be transferred

to a court of competent jurisdiction, if any, at Gwalior (M.P.).

It is needless to observe that both the parties will cooperate

with the competent court of jurisdiction at Gwalior for expeditious

disposal of the petition.

The Petition is allowed and disposed of in the aforesaid

terms.

…………………………………………………J
(B.V. NAGARATHNA)

New Delhi
Date: 25.10.2021.