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Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani .
Factual and Procedural Background
The petitioner-wife filed an application under Section 25 of the Code of Civil Procedure read with Order 13-B of the Supreme Court Rules, 1966 seeking transfer of Petition No. 83 of 2006 (Ashok Kishinchand Sadhwani v. Anjali Ashok Sadhwani) from the Family Court at Indore, Madhya Pradesh to the Family Court at Bandra, Mumbai, Maharashtra. The Supreme Court heard counsel for both parties to determine whether the matrimonial proceedings should be relocated.
Legal Issues Presented
- Whether the matrimonial Petition No. 83 of 2006 pending in the Family Court at Indore should be transferred to the Family Court at Bandra, Mumbai in view of the petitioner-wife’s inconvenience and lack of escort for a 900-kilometre journey.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted two primary factual considerations:
- The distance between Mumbai and Indore is approximately 900 kilometres, which poses practical difficulties for the petitioner-wife.
- The petitioner has no family member available to escort her on this lengthy journey.
Balancing these factors against the interests of justice and convenience, the Court concluded that transferring the case would mitigate the hardship faced by the petitioner while not causing undue prejudice to the respondent.
Holding and Implications
ALLOWED: Petition No. 83 of 2006 is transferred from the Family Court at Indore, Madhya Pradesh to the Family Court at Bandra, Mumbai, Maharashtra.
Implications: The Indore Family Court must forward the entire case record to the Bandra Family Court within one month of receiving a copy of the order. No costs were awarded. The ruling resolves only the venue question and sets no new legal precedent.
Order
1. Heard learned counsel for the parties. This is an application for transfer filed at the instance of the petitioner wife under Section 25 of the Code of Civil Procedure read with Order 13-B of the Supreme Court Rules, 1966 seeking transfer of Petition No. 83 of 2006 (Ashok Kishinchand Sadhwani v. Anjali Ashok Sadhwani) now pending in the Family Court at Indore to the Family Court at Bandra in Mumbai, Maharashtra.
2. Having heard the learned counsel for the parties and after going through the materials on record and considering the fact that the distance between Mumbai, Maharashtra and Indore, Madhya Pradesh is about 900 km and also considering the fact that the petitioner wife has no one in her family to escort her during her journey from Mumbai to Indore, we feel it proper to transfer the case from the Family Court of Indore, Madhya Pradesh to the Family Court at Bandra, Mumbai. Accordingly, the case being Petition No. 83 of 2006 stands transferred from the Family Court at Indore, Madhya Pradesh to the Family Court at Bandra in Mumbai, Maharashtra.
3. The learned Judge of the Family Court at Indore, Madhya Pradesh is directed to transmit the case records of the aforesaid case to the Family Court at Bandra, Mumbai, Maharashtra within a period of one month from the date of supply of a copy of this order to him.
4. With the aforesaid directions, the application for transfer is thus allowed. There will be no order as to costs.
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