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Supreme Court of India 2016-08-29 allowed

Amandeep Goyal vs Yogesh Rani

Bench: 2 — Anil R. Dave

In Brief

The appellant-husband challenged the High Court's order transferring a divorce petition from Sangrur to Bathinda. The Supreme Court found that the High Court erred in transferring the petition without adequately considering the appellant's special circumstances: he was the sole caregiver of a nine-year-old child suffering from malignant disease, and the transfer would cause undue hardship. The Court held that discretion in transfer matters must account for the welfare of dependent children and hardship to custodial parents. The Supreme Court set aside the transfer order and remitted the case to Sangrur for hearing."

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Family Law Civil Procedure Divorce Transfer of Petition Jurisdiction

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