Supreme CourtDivision Bench(2016) 04 SC CK 0055

Anjoo vs Ashok Kumar

Supreme Court Of India · Decided on 4 April 2016

HON’BLE JUDGES
Anil R. Dave · Adarsh Kumar Goel, JJ.
RESULT
Allowed
CASE NUMBER
Civil Appeal No.3392 of 2016 (Arising out of S.L.P.(C) No.3655 of 2016)

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Judgment

9 paragraphs · 222 words
1.

Delay condoned.

2.

Leave granted.

3.

This appeal by special leave is directed against the judgment and order dated 19.11.2014 passed by the High Court of Judicature at Allahabad in Transfer Application No. 22 of 2012 whereby the High Court rejected the transfer application of the petitioners.

4.

In spite of the fact that notice has been served upon the respondent, the respondent has not appeared.

5.

We have heard learned counsel for the petitioner and also perused the papers available on record.

6.

After considering the facts and circumstances of the case, we deem it fit and proper to transfer Marriage Petition No. 510 of 2011 titled as Ashok Kumar v. Anjoo, pending in the Court of the Civil Judge (Senior Division), Ramabai Nagar (Kanpur Dehat) to Jalaun at Orai.

7.

We order accordingly.

8.

Within a fortnight of communication of copy of this order, the Civil Judge (Senior Division), Ramabai Nagar (Kanpur Dehat) shall transmit the record of the case to the Court of Competent Jurisdiction, District Jalaun at Orai, where the matter itself shall be decided within a period of next three months, without granting undue adjournment to either of the parties.

9.

The appeal is allowed in the above terms with a direction to the Registry to immediately transmit copy of this order to both the Courts.