Transfer petition in Supreme Court of India
The Supreme Court has the power to transfer the cases from one High Court to another and even from one District Court of a particular state to another District Court of the other state. In such transfer cases the Hon’ble Supreme Court transfer only those cases if they really lack appropriate territorial jurisdiction and those cases which were otherwise supposed to be filed under the transferred jurisdiction. Hon’ble Supreme Court often looks at the real ground / reason for such transfer.
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ORDER
1. This petition is filed seeking transfer of Divorce Petition O.P. No. 7/99 pending before I Senior Civil Judge, Ranga Reddi District Court, Saroor Nagar, Hyderabad, to the Family Court at Bangalore.
2. Notice was issued to the Respondent and the office report shows that although the respondent has been served but has not put in appearance in this case. We, therefore, decide the matter ex-parte.
3. In the petition, petitioner has stated that she is unable to meet the expenditure of travel to Hyderabad from Bangalore for attending the day-to-day proceeding of the Divorce Petition and moreover she has a minor son and excepting her aged parents there is none to accompany her to Hyderabad.
4. The petitioner has already filed a petition for restitution of conjugal rights which is pending before the Family Court, Bangalore.
5. Under such circumstances, we transfer Divorce Petition O.P. No. 7/99 titled V. Nagarjuna v. V. Theja pending before I Civil Judge Ranga Reddi District Court, Saroor Nagar, Hyderabad to Family Court at Bangalore to be heard and decided along with M.C. No. 632/99, pending before the Family Court at Bangalore.