TEJALBEN Vs. MIHIRBHAI BHARATBHAI KOTHARI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 163 of 2016, Judgment Date: Jan 11, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.163 OF 2016
                 (Arising out of SLP ( C) No. 15810 of 2015)


      TEJALBEN                                               ...APPELLANT(S)


                                VERSUS

      MIHIRBHAI BHARATBHAI KOTHARI                          ...RESPONDENT(S)


                            J U D G M E N T
      KURIAN,J.:

            Leave granted.
2.          This appeal has been filed against the  order  dated  10.12.2014
passed by the High Court of Gujarat  at  Ahmedabad  in  Miscellaneous  Civil
Application  (For  Transfer)   No.2596  of  2014  whereby  the  High   Court
dismissed the transfer application.
3.          It  is  seen  that  suit  for  divorce  is  pending  before  the
Principal Judge, Family Court, Rajkot.  The appellant had moved  before  the
High Court of Gujarat at Ahmedabad for transfer of  proceedings  pending  at
Rajkot to Jamnagar.
4.          It is seen that further  proceedings  between  the  parties  are
pending at Jamnagar. Therefore, we find no reason why the  divorce  case  be
not transferred to Jamnagar.
5.          The order dated 10.12.2014 is hence, set aside and the  transfer
of proceedings from Rajkot to Jamnagar, is allowed.
6.          The appeal stands disposed of. No costs.

                                                      ....................J.
                                                             [KURIAN JOSEPH]



                                                     …....................J.
                                                     [ROHINTON FALI NARIMAN]

NEW DELHI;
JANUARY 11, 2016.