Megha vs. Amit

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).4700 OF 2016 (Arising out of SLP(C) No.3132 of 2015)

MEGHA ...APPELLANT(S)

VERSUS

AMIT ...RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard learned counsels for the parties.

3. We have considered the facts of the case and we are inclined to take the view that the High Court was not justified in refusing the transfer of H.M.P. No.478 of 2013, as prayed by the appellant-wife from Family Court, Surat to Family Court, Ahmedabad. Accordingly, we direct that the divorce proceedings filed by the husband being H.M.P. No.478 of 2013 titled as 'Amit Bhupendra Patel vs. Meghaben alias Monti' shall now be transferred to the Family Court at Ahemdabad. The Family Court, Surat shall send the case record to the transferee Court promptly and without any delay.

4. The appeal is allowed and the order passed by the High Court is set aside.

5. On receipt of the case records, the transferee Court is directed to make all endeavour for an early decision in the case without unnecessary adjournments.

....................,J. (RANJAN GOGOI)

....................,J. (PRAFULLA C. PANT)

NEW DELHI MAY 02, 2016 S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 3132/2015

(Arising out of impugned final judgment and order dated 04/09/2014 in MCA No. 1820/2014 passed by the High Court of Gujarat at Ahmedabad)

MEGHA Petitioner(s)

VERSUS

AMIT Respondent(s)

(with interim relief and office report)

Date : 02/05/2016 This petition was called on for hearing today.

• CORAM :
• HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT
• For Petitioner(s) Mr. Nikhil Goel,Adv. Ms. Naveen Goel,Adv. Mr. Marsook Bafaki,Adv. Mr. Ashutosh Ghode, Adv. For Respondent(s) Mr. Pradhuman Gohil, Adv. Mr. Vikash Singh,Adv. Ms. Taruna Sigh Gohil, Adv. Ms. Jai Kriti S. Jadeja, Adv. Mr. Himanshu Chaubay, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, stand disposed of.

(Neetu Khajuria) Sr.P.A. (Asha Soni) Court Master (Signed order is placed on the file.)