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july 2016

Supreme Court of India · 2016-07-08

VAISHALI SHRIDHAR JAGTAP vs SHRIDHAR VISHWANATH JAGTAP

Citation / case number
SC 2014/17772
Court
Supreme Court of India
Petitioner
VAISHALI SHRIDHAR JAGTAP
Respondent
SHRIDHAR VISHWANATH JAGTAP
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the High Court's refusal to transfer a divorce case from Mumbai to Barshi, where the appellant resides, was erroneous. The Court noted that the comparative hardship favored the appellant, as she faced difficulties traveling 400 kilometers to defend her case, especially given her mother's age and the pending criminal cases at Barshi, including those under Section 498A IPC and the Prevention of Domestic Violence Act, 2005. Consequently, the Court transferred the divorce petition to Barshi, allowing the appeals without costs.

VAISHALI SHRIDHAR JAGTAP vs SHRIDHAR VISHWANATH JAGTAP · Niyam