SUPREME COURT OF INDIA

Arti Rani @ Pinki Devi

Vs

Dharmendra Kumar Gupta

Transfer Petition (C) No.294 of 2007

(Tarun Chatterjee and Harjit Singh Bedi JJ.)

14.07.2008

ORDER

1.  Since Mr.Brajesh  Kumar and Mr.AjayKumar Talesara, Advocates have entered appearance on  behalf  of  the respondent, service of notice is, therefore, complete.

2.  This is an application for transfer of Matrimonial (T.S.) Case No.1  of    2006 titled   Dharmendra  Kumar Gupta  vs. Arti Devi @ Pinki Devi & Anr., pending in the Court of  District  Judge, Palamu  at Daltanganj, within the State of Jharkhand, to the Family Court at Patna, within the State of Bihar.

3.  Having heard the learned counsel for the parties and after considering the materials on record  including  the statements made in  the application  for transfer, we are of the view that since the petitioner is a lady having a minor male child, it would be difficult for her to attend the court at Palamu, Daltanganj which is within the State of Jharkhand and quite a distance from Patna where she is now residing with her child, we allow this application  for transfer  and  the proceedings now pending being Matrimonial (T.S.) Case No.1 of 2006 in the Court of District   Judge,  Palamu    at    Daltanganj within   the  State   of  Jharkhand  be transferred to the Family Court of Patna within the State of Bihar. The District Judge, Palamu at Daltanganj is directed to send the records of    the aforesaid matrimonial   case at an early date preferably within six weeks from the date of supply of a copy of this order to him. The   application for transfer is thus allowed. There will    be no order  as to costs.