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Deepa Vs. Anil Panicker

Deepa vs Anil Panicker

Type Court Judgment Court Supreme Court of India Decided Jan 17, 2000
~1 min read
https://sooperkanoon.com/case/841536

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Transfer Petition (C) No. 871 of 1999
Subject
Family;Civil

Case Summary

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

- [S.P. Bharucha and; Syed Shah Mohammed Quadri, JJ.] - Code Of Civil Procedure (CPC), 1908 - 25; Hindu Marriage Act 1955 - Section 9 - The transfer petition is filed by the wife. The wife stays in Trichur. It appears to us, therefore, appropriate to allow the transfer petition and transfer Matrimonial Suit No. 60 ...

Key legal issue
Family;Civil
Acts & sections
Code Of Civil Procedure (CPC), 1908 - 25; Hindu Marriage Act 1955 - Section 9

Parties & Advocates

Appellant / Petitioner

Deepa

Respondent

Anil Panicker

Legal References

Reported In
2000(9)SCC441

Excerpt

- [s.p. bharucha and; syed shah mohammed quadri, jj.] - code of civil procedure (cpc), 1908 - 25; hindu marriage act 1955 - section 9 - the transfer petition is filed by the wife. the wife stays in trichur. it appears to us, therefore, appropriate to allow the transfer petition and transfer matrimonial suit no. 60 of 1999 pending in the court of the judicial commissioner, ranchi to the matrimonial court, trichur.s.p. bharucha and; syed shah mohammed quadri, jj.1. the respondent husband has been served but he has not chosen to put in an appearance.2. the transfer petition is filed by the wife. it seeks the transfer of the petition for restitution of conjugal rights filed by the husband in the court of the judicial commissioner, ranchi to a competent court in trichur. the wife stays in trichur. she avers that she is not employed and has no source of income. her parents are not financially in a position to pay for her journeys to ranchi to defend the suit. apart from this, she cannot safely undertake a train journey of forty-eight hours or so alone or stay in ranchi alone. these averments are not denied. it appears to us, therefore, appropriate to allow the transfer petition and transfer matrimonial suit no. 60 of 1999 pending in the court of the judicial commissioner, ranchi to the matrimonial court, trichur.3. no order as to costs.

Full Judgment

S.P. Bharucha and; Syed Shah Mohammed Quadri, JJ.

1. The respondent husband has been served but he has not chosen to put in an appearance.

2. The transfer petition is filed by the wife. It seeks the transfer of the petition for restitution of conjugal rights filed by the husband in the Court of the Judicial Commissioner, Ranchi to a competent court in Trichur. The wife stays in Trichur. She avers that she is not employed and has no source of income. Her parents are not financially in a position to pay for her journeys to Ranchi to defend the suit. Apart from this, she cannot safely undertake a train journey of forty-eight hours or so alone or stay in Ranchi alone. These averments are not denied. It appears to us, therefore, appropriate to allow the transfer petition and transfer Matrimonial Suit No. 60 of 1999 pending in the Court of the Judicial Commissioner, Ranchi to the Matrimonial Court, Trichur.

3. No order as to costs.

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