Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Arti Rani @ Pinki Devi and anr. Vs. Dharmendra Kumar Gupta

Arti Rani @ Pinki Devi and anr. vs Dharmendra Kumar Gupta

Disposition Application allowed Court Supreme Court of India Decided Jul 14, 2008
~2 min read
https://sooperkanoon.com/case/677772

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Transfer Petition (C) No. 294 of 2007
Subject
Family
Disposition
Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Family - Transfer of matrimonial case - Held, Petitioner is a lady having minor male child - Difficult for her to attend court within the State of Jharkhand and quite a distance from Patna where she is residing with her child - Proceedings pending in court of District Judge, Palamu at Daltanganj within the State of ...

Key legal issue
Family
Outcome / disposition
Application allowed

Parties & Advocates

Appellant / Petitioner

Arti Rani @ Pinki Devi and anr.

Advocate S. Chandra Shekhar, Adv

Respondent

Dharmendra Kumar Gupta

Advocate Brajesh Kumar and ; Ajay Kumar Talesara, Advs.

Legal References

Cases Referred
Dharmendra Kumar Gupta v. Arti Devi
Reported In
2008AIRSCW5805; 2008(4)MPHT525(SC); (2009)153PLR667; (2008)9SCC353

Excerpt

family - transfer of matrimonial case - held, petitioner is a lady having minor male child - difficult for her to attend court within the state of jharkhand and quite a distance from patna where she is residing with her child - proceedings pending in court of district judge, palamu at daltanganj within the state of jharkhand be transferred to the family court of patna within the state of bihar - application for transfer allowed. [para 3] - constitution of india article 139-a; [tarun chatterjee & harjit singh bedi, jj] transfer of petition -matrimonial suit pending in one state and wife residing with minor son in different state - held, distance between two places would cause difficulty to wife to attend proceedings. suit transferred to family court at place where wife resides. -- section 24: transfer of petition -matrimonial suit pending in one state and wife residing with minor son in different state - held, distance between two places would cause difficulty to wife to attend proceedings. suit transferred to family court at place where wife resides. order1. since mr. brajesh kumar and mr. ajay kumar talesara, advocates have entered appearance on behalf of the respondent, service of notice is, therefore, complete.2. this is an application for transfer of matrimonial (t.s.) case no. 1 of 2006 titled dharmendra kumar gupta v. arti devi @ pinki devi and anr., pending in the court of district judge, palamu at daltanganj, within the state of jharkhand, to the family court at patna, within the state of bihar.3. having heard the learned counsel for the parties and after considering the materials on record including the statements made in the application for transfer, we are of the view that since the petitioner is a lady having a minor male child, it would be difficult for her to attend the court at palamu, daltanganj which is within the state of jharkhand and quite a distance from patna where she is now residing with her child, we allow this application for transfer and the proceedings now pending being matrimonial (t.s.) case no. 1 of 2006 in the court of district judge, palamu at daltanganj within the state of jharkhand be transferred to the family court of patna within the state of bihar. the district judge, palamu at daltanganj is directed to send the records of the aforesaid matrimonial case at an early date preferably within six weeks from the date of supply of a copy of this order to him. the application for transfer is thus allowed. there will be no order as to costs.

Full Judgment

ORDER

1. Since Mr. Brajesh Kumar and Mr. Ajay Kumar Talesara, Advocates have entered appearance on behalf of the respondent, service of notice is, therefore, complete.

2. This is an application for transfer of Matrimonial (T.S.) Case No. 1 of 2006 titled Dharmendra Kumar Gupta v. Arti Devi @ Pinki Devi and Anr., pending in the Court of District Judge, Palamu at Daltanganj, within the State of Jharkhand, to the Family Court at Patna, within the State of Bihar.

3. Having heard the learned Counsel for the parties and after considering the materials on record including the statements made in the application for transfer, we are of the view that since the petitioner is a lady having a minor male child, it would be difficult for her to attend the court at Palamu, Daltanganj which is within the State of Jharkhand and quite a distance from Patna where she is now residing with her child, we allow this application for transfer and the proceedings now pending being Matrimonial (T.S.) Case No. 1 of 2006 in the Court of District Judge, Palamu at Daltanganj within the State of Jharkhand be transferred to the Family Court of Patna within the State of Bihar. The District Judge, Palamu at Daltanganj is directed to send the records of the aforesaid matrimonial case at an early date preferably within six weeks from the date of supply of a copy of this order to him. The application for transfer is thus allowed. There will be no order as to costs.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial