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Supreme Court of India · body

2002 DIGILAW 929 (SC)

VARSHA PARESH SHAH v. PARESH H. SHAH

2002-08-12

S.N.VARIAVA, S.S.M.QUADRI

body2002
( 1 ) THE petitioner is the wife of the respondent. She is residing in Delhi whereas the respondent resides in Bombay. The respondent instituted HMA petition No. A-1396 of 2001 for restitution of conjugal rights in the Family court at Bandra, Mumbai. The petitioner says that she and her minor son of about 5 years are residing along with her parents who cannot afford the expenses of travel from Delhi to Mumbai for prosecuting the said case. She and the minor child cannot travel alone, she being a young lady of about 28 years. In these circumstances, she prays that the said case be transferred from the Family, Court, Bandra, Mumbai to the Court of the District Judge, Delhi. ( 2 ) IN the counter-affidavit filed by the husband the only ground that is taken is that the parents of the petitioner are well off and that the court at mumbai has jurisdiction to try the case. ( 3 ) AFTER hearing the learned counsel for the parties for quite some time, we are of the view that the ends of justice demand that the said case be transferred from the Family Court, Bandra, Mumbai to the District Court, delhi. We, therefore, order that HMA Petition No. A-1396 of 2001, titled paresh H. Shah v. Varsha Paresh Shah shall stand transferred from the family Court, Bandra, Mumbai to the District Court, Delhi. The learned district Judge may try the case himself or assign it to any court having jurisdiction to try the case. ( 4 ) THE transfer petition is, accordingly, allowed. ( 5 ) NO costs.