Munni Kumari Vs. Shailendra Kumar Choudhary
EmailAppeal: Civil Appeal No. 2632 of 2000
(Arising out of SLP (C) No. 18872 of 1999)
Petitioner: Munni Kumari
Respondent: Shailendra Kumar Choudhary
Apeal: Civil Appeal No. 2632 of 2000
(Arising out of SLP (C) No. 18872 of 1999)
Judges: S.B. MAJMUDAR & Y.K. SABHARWAL, JJ.
Date of Judgment: Apr 13, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Criminal complaint by wife at Hajipur, though work-ing at Patna – Divorce petition by husband at Samastipur – Hajipur, half way from both places. Held that divorce petition be transferred to Hajipur.
JUDGEMENT:
ORDER
1. Leave granted.
2. Having heard learned Counsel for the parties finally, we find that it is an admitted position that the Petitioner has herself filed a criminal complaint in the Court of the learned Judicial Magistrate, Ist Class, Vaishali at Hajipur. We are also informed that Hajipur is half way between Samastipur where the Respondent-husband resides and Patna where the Petitioner-wife serves as a nurse. When the Petitioner has herself filed a criminal com-plaint at Hajipur, the appropriate order to be passed is to direct that the Divorce case pending between the parties filed by the Respondent at Samastipur should be transferred to the Dis-trict Court at Hajipur. The learned District Judge, Hajipur may try the case himself or assign the same to any other Court of competent jurisdiction. Ordered accordingly.
3. The appeal is allowed accordingly. No costs.
1. Leave granted.
2. Having heard learned Counsel for the parties finally, we find that it is an admitted position that the Petitioner has herself filed a criminal complaint in the Court of the learned Judicial Magistrate, Ist Class, Vaishali at Hajipur. We are also informed that Hajipur is half way between Samastipur where the Respondent-husband resides and Patna where the Petitioner-wife serves as a nurse. When the Petitioner has herself filed a criminal com-plaint at Hajipur, the appropriate order to be passed is to direct that the Divorce case pending between the parties filed by the Respondent at Samastipur should be transferred to the Dis-trict Court at Hajipur. The learned District Judge, Hajipur may try the case himself or assign the same to any other Court of competent jurisdiction. Ordered accordingly.
3. The appeal is allowed accordingly. No costs.
