2021 INSC 0770
IN THE SUPREME COURT OF INDIA
          CIVIL ORIGINAL JURISDICTION
              TRANSFER PETITION (CIVIL) NO.    420 OF 2020
RACHNA                                             Petitioner(s)
                                VERSUS
ASHOK                                              Respondent(s)
O R D E R
This petition has filed under Section 25 of the Code of  Civil
Procedure, 1908 by the petitioner-wife seeking transfer of HMA No.
67 of 2019 titled as “ Ashok vs. Rachna Devi”  under Section 9 of the
Hindu   Marriage   Act,   1955   in   the   Court   of   Learned   Additional
District   and   Sessions   Judge,   Ambah,   M.P.   to   the   Learned   Family
Court, Saket, New Delhi.
Respondent was served on 10 th
 June, 2020. 
By   Order   dated   08 th
  November,   2021,   Office   was   directed   to
ascertain   whether   the   vakalatnama   has   been   filed   on   behalf   of   the
Respondent and if so, to put up in the next date of hearing. It is
noted that there is no representation on behalf of the respondent.
In   the   said   circumstances,   I   have   heard   learned   counsel   for
the petitioner and perused the material on record.
Learned   counsel   for   the   petitioner   submitted   that   the
aforesaid     case   has   been   filed   by   the   respondent   in   Ambah   in   the
Court   of   Learned   Additional   District   and   Sessions   Judge,Ambah,
M.P., while the petitioner is residing in Delhi which is a distance
of   about   800   Km.   That   it   is   not   possible   for   the   petitioner   to
travel   all   the   way   to   Ambah   District   of   M.P.,   for   the   purpose   of

defending   the   aforesaid   case.   In   such   circumstances,   the   transfer
of aforesaid petition has been sought. 
As already noted, despite respondent being served, there is no
representation.
Having   regard   to   the   facts   pleaded   in   the   petition   and   on
hearing learned counsel for the petitioner, I find that it is  just
and appropriate to transfer HMA NO. 67 of 2019 titled as “ Ashok vs.
Rachna Devi”  to the Learned Family Court, Saket, New Delhi.
Ordered accordingly.
The petition is allowed with the aforesaid terms.
.................................J.
            [ B.V. NAGARATHNA ]
NEW DELHI;
NOVEMBER 22, 2021