Ravinder Kaur Vs. Hitinder Singh
EmailAppeal: Transfer Petition (C) 459 of 1999
Petitioner: Ravinder Kaur
Respondent: Hitinder Singh
Apeal: Transfer Petition (C) 459 of 1999
Judges: Dr. A.S. ANAND, C.J.I. & R.C. LAHOTI, J.
Date of Judgment: Jan 03, 2000
Head Note:
CONSTITUTION LAW
Transfer of divorce petition from Chandigarh to Delhi. Held that in view of averments petition transferred to Delhi. (Para 2)
JUDGEMENT:
ORDER
1. Parties were married on 19th October, 1996. The respondent – husband has filed a Divorce Petition under Section 13(1)(i)(a), Hindu Marriage Act before the learned District Judge, Chandigarh on 22nd July, 1998. Through this petition, the petitioner – wife seeks transfer of the Divorce Petition from Chandigarh to the competent Court at Delhi.
2. After going through the averments made in the Transfer Peti-tion, which is supported by an affidavit, and the counter affida-vit filed by the respondent, but without expressing any opinion on the merits of the case, it appears appropriate to us to allow this petition. We, accordingly, withdraw H.M.A. Petition No. 133/98 titled Shri Hitinder Singh v. Ravinder Kaur, which is pending in the Court of the learned District Judge, Chandigarh and transfer it to the file of the learned District Judge, Delhi who may either try the petition himself or assign it to a Court of competent jurisdiction under him.
3. The learned District Judge, Chandigarh shall send the record of the case to the transferee Court without any delay.
4. The parties through their learned counsel are directed to appear before the learned District Judge, Delhi on 29th January, 2000.
5. The transferee Court shall expeditiously dispose of the Matri-monial Petition.
6. The Transfer Petition is accordingly allowed. No costs.
1. Parties were married on 19th October, 1996. The respondent – husband has filed a Divorce Petition under Section 13(1)(i)(a), Hindu Marriage Act before the learned District Judge, Chandigarh on 22nd July, 1998. Through this petition, the petitioner – wife seeks transfer of the Divorce Petition from Chandigarh to the competent Court at Delhi.
2. After going through the averments made in the Transfer Peti-tion, which is supported by an affidavit, and the counter affida-vit filed by the respondent, but without expressing any opinion on the merits of the case, it appears appropriate to us to allow this petition. We, accordingly, withdraw H.M.A. Petition No. 133/98 titled Shri Hitinder Singh v. Ravinder Kaur, which is pending in the Court of the learned District Judge, Chandigarh and transfer it to the file of the learned District Judge, Delhi who may either try the petition himself or assign it to a Court of competent jurisdiction under him.
3. The learned District Judge, Chandigarh shall send the record of the case to the transferee Court without any delay.
4. The parties through their learned counsel are directed to appear before the learned District Judge, Delhi on 29th January, 2000.
5. The transferee Court shall expeditiously dispose of the Matri-monial Petition.
6. The Transfer Petition is accordingly allowed. No costs.
