Shahu Shikshan Prasarak Mandal & Anr. VS. Lata P. Kore & Ors.

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Shahu Shikshan Prasarak Mandal & Anr. VS. Lata P. Kore & Ors.

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5857 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 8327 OF 2007

DURGESH SHARMA ... APPELLANT

VERSUS

JAYSHREE ... RESPONDENT

J U D G M E N T

C.K. THAKKER, J.

1. Leave granted.

2 A short but interesting question of law has been raised before this Court in the present appeal as to the power, authority and jurisdiction to transfer suits/appeals/other proceedings by a High Court from one Court subordinate to it to another Court subordinate to another High Court.

Factual Matrix

2 3. To appreciate the controversy, it is appropriate to set out facts of the case. The appellant herein Durgesh Sharma is the husband of the respondent Smt. Jayshree Sharma.

Marriage of the parties was solemnized at Malegaon, District Nasik in the State of Maharashtra on May 16, 1989. It is not in dispute that after the marriage, both the parties lived in Ujjain in the State of Madhya Pradesh.

4. It is the case of the husband that the wife is quarrelsome. She used to raise disputes with the husband and his family members on petty matters. She also threatened the husband that in case she would be kept at Ujjain against her wishes, she would consume poison.

It is also the allegation of the appellant- husband that respondent-wife left matrimonial home in 1991. She thereafter stayed with her parents and at parental home, gave birth to twins - son Mayank and daughter Malvika on December 25, 1991. She stayed at parental home

3 from 1991 to 1997. In 1997, the respondent-wife came to Ujjain, but after about 3-4 months, she again left matrimonial home and deserted the husband permanently without proper or sufficient reason, depriving the husband of matrimonial enjoyment. The husband's prestige has been badly affected by the conduct of the wife.

5. The appellant-husband served a notice through his advocate to the respondent-wife on September 22, 2004 to join him to which a reply was sent by the wife through her counsel on October 08, 2004 wherein false allegations have been levelled against the husband which clearly went to show that she was not prepared to stay with the husband.

6. Since the respondent-wife did not return matrimonial home, the appellant-husband instituted a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred ...

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