Renu Gautam Vs. Vinod Gautam
EmailAppeal: Transfer Petition (C) 820 of 1999
Petitioner: Renu Gautam
Respondent: Vinod Gautam
Apeal: Transfer Petition (C) 820 of 1999
Judges: Dr. A.S. ANAND, CJI & R.C. LAHOTI, J.
Date of Judgment: Jan 03, 2000
Head Note:
CONSTITUTION LAW
Matrimonial dispute – Transfer petition – Divorce petition filed by husband in Faridabad Court – Wife seeking transfer of case to Delhi Court – Court directing withdrawal of divorce petition from Faridabad Court and transfering to District Judge Delhi to be tried by himself or to be assigned to the court of competent jurisdiction.
Matrimonial dispute – Transfer petition – Divorce petition filed by husband in Faridabad Court – Wife seeking transfer of case to Delhi Court – Court directing withdrawal of divorce petition from Faridabad Court and transfering to District Judge Delhi to be tried by himself or to be assigned to the court of competent jurisdiction.
JUDGEMENT:
ORDER
1. The respondent is present in person. Counter has also been filed.
2. Heard.
3. Without going into the allegations made in the Transfer Petition and the rebuttal thereof made in the counter affidavit, in the peculiar facts and circumstances of this case, it appears appropriate to us to allow this Petition.
4. We, accordingly, withdraw Divorce Petition filed by the respondent being H.M.A. No. 22 of 1995 titled Vinod Kumar Gautam vs. Renu Gautam, which is pending in the Court of the learned Additional District Judge Faridabad from that court and trans-fer it to the file of the learned District Judge, Delhi who may either try the petition himself or assign it to a court of com-petent jurisdiction under him.
5. The learned Additional District Judge, Faridabad shall send the record of the case to the transferee Court without any delay.
6. The petitioner through her learned counsel and the respond-ent, who is present in person, are directed to appear before the learned District Judge, Delhi on 22nd January, 2000.
6. The transferee Court shall expeditiously dispose of the Matrimonial Petition.
7. The Transfer Petition is, accordingly, allowed. No costs.
1. The respondent is present in person. Counter has also been filed.
2. Heard.
3. Without going into the allegations made in the Transfer Petition and the rebuttal thereof made in the counter affidavit, in the peculiar facts and circumstances of this case, it appears appropriate to us to allow this Petition.
4. We, accordingly, withdraw Divorce Petition filed by the respondent being H.M.A. No. 22 of 1995 titled Vinod Kumar Gautam vs. Renu Gautam, which is pending in the Court of the learned Additional District Judge Faridabad from that court and trans-fer it to the file of the learned District Judge, Delhi who may either try the petition himself or assign it to a court of com-petent jurisdiction under him.
5. The learned Additional District Judge, Faridabad shall send the record of the case to the transferee Court without any delay.
6. The petitioner through her learned counsel and the respond-ent, who is present in person, are directed to appear before the learned District Judge, Delhi on 22nd January, 2000.
6. The transferee Court shall expeditiously dispose of the Matrimonial Petition.
7. The Transfer Petition is, accordingly, allowed. No costs.
