Professional Documents
Culture Documents
Supreme Court Case Transfer Guidelines
Supreme Court Case Transfer Guidelines
Supreme Court Case Transfer Guidelines
REPORTABLE
VERSUS
ORDER
1. Leave granted.
Court at Chennai.
3.
Signature Not Verified
The marriage between the appellant and the respondent was
Digitally signed by
Anita Malhotra
with the respondent for petty things and refused to consummate the
cases. H.M.O.P. No.1741 of 2021 has been filed by her before the
conjugal rights under Section 9 of the Hindu Marriage Act, 1955, and
M.C. Sr. No.672 of 2021 before the Family Court at Chennai for
that the respondent is bound to live with the appellant and give her
conjugal companionship.
appellant, her parents are old and that she is aged 21 years and not
financially. She is not employed and does not have any other source
noticed above, the High Court has dismissed the transfer petition.
does not have any source of income of her own as she is not
husband at Vellore she has to travel alone all the way from Chennai
account of their old age. Secondly, the appellant has also filed a
and another petition, M.C. Sr. No.672 of 2021, for her maintenance
the Code of Civil Procedure is that the ends of justice should demand
soundness of both the parties, the social strata of the spouses and
eking out their livelihood and under whose protective umbrella they
fact and law, and when the decisions in the cases are
years, staying alone along with her aged parents. Under the above
just and proper to club all the three cases together to avoid
the High Court was not justified in rejecting transfer petition bearing
….……………………………J.
(S. ABDUL NAZEER)
….……………………………J.
(J.K. MAHESHWARI)
New Delhi;
JULY 18, 2022.
6
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
VERSUS
CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE J.K. MAHESHWARI
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application, if any, also stands disposed of.