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Charmi Amit Desai vs Amit Bhupatrai Desai on 15 January, 2015

Bench: M.Y. Eqbal, Kurian Joseph

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                                            IN THE SUPREME COURT OF INDIA

                                            CIVIL ORIGINAL JURISDICTION

                                      TRANSFER PETITION(C) NO.458 OF 2014



                         CHARMI AMIT DESAI                                  ....PETITIONER

                                                          VERSUS

                         AMIT BHUPATRAI DESAI                               ....RESPONDENT




                                                      O R D E R

This petition has been filed by the petitioner-wife for transfer of Petition No.A2746/2013 titled as “Amit Bhupatrai Desai Vs. Charmi Amit Desai” pending in the Family Court at Bandra, Mumbai, to a court of competent jurisdiction at Rajkot, Gujarat.

None appears on behalf of the respondent even on the second call although the counter affidavit has been filed by him.

Having heard learned counsel for the petitioner and taking into consideration the facts and circumstances of the case, we are satisfied with the averments made in Signature Not Verified Digitally signed by Sanjay Kumar this petition and deem it expedient to transfer the Date: 2015.01.17 12:06:15 IST Reason: aforesaid case to the District Judge, Rajkot, Gujarat.

We direct accordingly.

The Family Court at Bandra, Mumbai, shall forthwith transmit the record of the aforesaid case to the District Judge, Rajkot, Gujarat, who shall assign the same to a court of competent jurisdiction. The transfer petition is allowed accordingly.

.........................J [M. Y. Eqbal] ........................J [Kurian Joseph] New Delhi;

January 15, 2015.

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ITEM NO.34                 COURT NO.11               SECTION XVIA

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Transfer Petition (Civil)    No.458/2014

CHARMI AMIT DESAI                                    Petitioner(s)

                                  VERSUS

AMIT BHUPATRAI DESAI                                 Respondent(s)

(With appln. (s) for stay and office report) Date : 15/01/2015 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Ms. Hemantika Wahi,Adv.

Ms. Jesal Wahi, Adv.

Ms. Swati Vaibhav, Adv.

For Respondent(s) Mr. Chiraranjan Addey,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R None appears on behalf of the respondent even on the second call although the counter affidavit has been filed by him.

The transfer petition is allowed in terms of the signed order.

       (SANJAY KUMAR-II)                          (INDU POKHRIYAL)
        COURT MASTER                                 COURT MASTER

(Signed Order is placed on the file)