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Supreme Court of India 2021-10-04 allowed

SHAKUN SRIVASTAVA vs PREM PRAKASH SRIVASTAVA

Bench: 1 — S. Ravindra Bhat

In Brief

A wife sought to transfer her husband's petition for restitution of conjugal rights (filed under Section 9 of the Hindu Marriage Act) from the Family Court at Gorakhpur, Uttar Pradesh to the Family Court at Bhopal, Madhya Pradesh. The wife established her residence in Bhopal and had pending maintenance proceedings there under Section 125 CrPC. The husband was duly served but made no appearance or opposition. The Supreme Court held that the transfer was justified in the interests of justice and efficient administration, and allowed the petition. The transferee court was directed to expeditiously decide the case by 31 December 2022."

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Family Law Matrimonial Law Transfer of Proceedings Court Jurisdiction Civil Procedure Hindu Marriage Act

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