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Supreme Court of India 2016-07-08 allowed

Vaishali Shridhar Jagtap vs Shridhar Vishwanath Jagtap

Bench: 2 — Kurian

In Brief

This case concerned the transfer of a divorce petition filed in Mumbai by a husband to Barshi, the wife's home city. The wife sought transfer, citing her aged mother, three pending criminal cases, and one civil case at Barshi. The High Court denied transfer but offered the wife a daily travel allowance of Rs. 1,500. The Supreme Court set aside the High Court's decision and allowed the appeal, holding that the comparative hardship to the wife (400 km distance, multiple related pending cases) outweighed the inconvenience of Mumbai witnesses. The case was transferred to the competent court at Barshi.

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Divorce Family Law Jurisdiction and Transfer Domestic Violence Procedural Law

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