Supreme Court of India · 2008-02-07
GEETA SAHU vs RAVINDER PRASAD SAHU
- Citation / case number
- SC 2006/9885
- Court
- Supreme Court of India
- Petitioner
- GEETA SAHU
- Respondent
- RAVINDER PRASAD SAHU
- Bench
- S.B. SINHA & V.S.SIRPURKAR
Judgment text excerpt
The Supreme Court dismissed the transfer petition under Section 25 of the Code of Civil Procedure, stating that the petitioner could not seek transfer of the divorce proceedings from Delhi to Jharkhand as no ex-parte decree had been passed against her. The Court referenced Arjun Singh Vs. Mohindra Kumar, emphasizing that a transfer application is maintainable only after an ex-parte decree is set aside. The Court expressed reservations about the correctness of previous decisions regarding the setting aside of ex-parte decrees under Article 142 of the Constitution but deemed it unnecessary to address this issue in the current case.