Supreme Court of India
Raj Laxmi Sharma vs Dilip Kumar Sharma on 10 January, 2000
Equivalent citations: II(2000)DMC759SC, JT2000(8)SC150, AIR 2000 SUPREME COURT 3572, 2000 AIR SCW 3732, (2000) 4 CURCC 145, (2001) 2 PAT LJR 82, (2000) 7 SUPREME 75(1), (2000) 40 ALL LR 583(2), (2000) 3 ICC 740, (2002) 1 MARRILJ 580, (2000) 2 DMC 759, (2000) 2 HINDULR 328, (2000) 8 JT 150 (SC)
Author: S.P. Bharucha
Bench: S.P. Bharucha, V.N. Khare, Syed Shah Mohammed Quadri
ORDER S.P. Bharucha, J.
1. This is a wife's petition to transfer the suit for dissolution of marriage filed by the husband against her in the court of the Judicial Magistrate, Ranchi to Agra. It is the case of the wife that she stays with her father in Agra along with the two sons of the marriage, who are aged eight and ten years. It will not be possible for her to travel from time to time from Agra to Ranchi to defend the proceedings and she will not be able to travel alone.
2. Our attention has been drawn by learned Counsel for the husband to a letter dated 22nd December, 1993, which is said to be fabricated. It is submitted that there are other letters of a similar kind on the record and that, therefore, we should not entertain the transfer petition because it is filed by a person who has come to the court with unclean hands. We are not inclined to reject the wife's petition only upon this ground. No issue relating to these letters is with us and whether or not they are forged must be gone into in appropriate proceedings, if necessary.
3. So far as we are concerned, the wife has made out a case for transfer. We do not agree that the court to which the proceedings are transferred should not be located in the State of Uttar Pradesh. We think that, in the circumstances, it is appropriate that the court to which the proceedings are transferred should be located where the petitioner now stays.
4. The transfer petition is, therefore, made absolute and Matrimonial Case No. 35 of 1999 filed in the court of the Judicial Magistrate, Ranchi shall stand transferred to the Family Court at Agra, Uttar Pradesh.
5. No order as to costs.