Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer Petition |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer Petition - Petition of appellant-wife for transferof divorce proceeding instituted by respondent-husbandpending trial in Family Court, Hyderabad to Family Court atKakinada - Rejected by High Court - Propriety - Held: Notproper - Approach of the High Court and the reasons assignedby it clearly unsustainable - High Court lost sight of the factthat respondent-husband on the one hand has filed a divorceproceeding against appellant-wife and further expects thesame to be tried at a place of his choice, which is Hyderabad- High Court refused to transfer it to the place where the wifeis working on the ground that she is not an indigent lady andis capable of contesting the suit by undertaking journey fromKakinada to Hyderabad - It completely overlooked theimplication of this view as on the one hand the appellant-wifewould be expected to contest the divorce proceeding to herdetriment and at the same time would have to undertake thejourney from Kakinada to Hyderabad which is bound to affectdischarge of her professional duties where she is working asapart from the journey she would also have to seek leavewhich surely would affect her work performance further and puther job at risk - Considering the implication of the aforesaidsituation and circumstance, the view taken by the High Courtrefusing to transfer the case is fit to be struck down as illegal,devoid of practical fallout and wisdom - Divorce proceedingalong with its records permitted to be transferred from theFamily Court, Hyderabad to the Family Court, Kakinada. |
Judge | N/A |
Neutral Citation | 2013 INSC 513 |
Petitioner | Smt. T.gayatri Devi |
Respondent | Dr.tallepaneni Sreekanth |
SCR | [2013] 8 S.C.R. 152 |
Judgement Date | 2013-08-05 |
Case Number | 6721 |
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