Code of Civil Procedure, 1908: s. 25 – Transfer of matters – Power of – Held: In matrimonial matters generally, it is wife’s convenience which must be looked at while considering the transfer – On facts, appellant-wife having no source of income, was residing with her parents in Mathura and was financially and emotionally dependent on them, and being a lady was not in a position to travel all the way from Mathura to Etah in order to prosecute the case filed by respondent no. 2-husband at Etah – Thus, it is just and proper to transfer the suit filed by respondent no.2 u/s. 13 Hindu Marriage Act against the appellant pending before the Principal Judge, Family Court, Etah, Uttar Pradesh to the Principal Judge, Family Court, Mathura, Uttar Pradesh forthwith. N.C.V. Aishwarya v. A.S. Saravana Karthik Sha Civil Appeal No.4894 of 2022, disposed of on 18.07.2022 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.