Ritu Arora Vs. Parveen Kumar Arora
EmailAppeal: Transfer Petition (C) 776 of 1999
Petitioner: Ritu Arora
Respondent: Parveen Kumar Arora
Apeal: Transfer Petition (C) 776 of 1999
Judges: Dr. A.S. ANAND. C.J.I., R.C. LAHOTI & N. SANTOSH HEGDE, JJ.
Date of Judgment: Oct 01, 2000
Head Note:
CIVIL LAWS
Civil Procedure Code, 1908
Section 25 – Transfer petitions – Divorce petition filed by husband before Family Court at Udaipur – Wife’s criminal case pending before the Magistrate at Hoshiarpur – Transfer petitions by both husband and wife – Settlement between parties with regard to transfer of cases – Both parties in pursuance of settlement between them seeking transfer of both cases to the court of Sessions Judge. Delhi. Held that in view of settlement between parties both cases ordered to be transferred to Delhi according-ly.
(Para 3 and 4)
JUDGEMENT:
ORDER
1. This order will dispose of Transfer Petition (C) No. 776 of 1999, filed by Smt. Ritu Arora and Transfer Petition (Crl.) No. 266 of 1999 filed by Shri Parveen Kumar Arora and others.
2. Learned counsel for the parties, appearing before us submit that the parties have entered into a settlement in respect of the cases which are subject matter of both these Transfer Petitions. It is submitted that they shall take appro-priate proceedings in furtherance of the terms of the settlement, which they have filed in the Court today and we take the same on record. Learned counsel submits that the parties shall take appropriate proceedings in both the cases within two weeks as per the agreed terms and that both the matters may be trans-ferred to the learned District and Sessions Judge, Delhi, who may either deal with the petitions himself or assign them to a Court of competent jurisdiction under him.
3. In view of the settlement between the parties, which has been taken on record today and the statement made by the learned counsel at the Bar, we withdraw Divorce Petition No. 208 of 1999 titled as Sh. Parveen Kumar v. Smt. Ritu Arora which is pending in the Family Court at Udaipur from that Court and transfer it to the file of the learned District and Sessions Judge, Delhi. The learned presiding Judge in the Family Court at Udaipur shall send the record of the case to the transferee Court without any delay.
4. We also withdraw the criminal case arising out of F.I.R. No. 167 dated 10.09.1998. Police Station, City Hoshiarpur, which is pending in the Court of Chief Judicial Magistrate, Hoshiarpur, titled as State v. Parveen Kumar Arora & Ors. from that Court and transfer it to the file of the learned District and Sessions Courts Delhi. The learned Chief Judicial Magistrate, Hoshiarpur shall send the record of the case to the transferee Court without any delay.
5. The learned District and Sessions Judge may either try the cases himself or assign them to a Court of competent jurisdiction under him.
6. The parties through their learned counsel are directed to appear before the learned District and Sessions Judge, Delhi on 5th February, 2000.
7. The learned District and Sessions Judge, Delhi shall expe-ditiously dispose of the matters.
8. The Transfer Petitions are, accordingly, allowed. No costs.
1. This order will dispose of Transfer Petition (C) No. 776 of 1999, filed by Smt. Ritu Arora and Transfer Petition (Crl.) No. 266 of 1999 filed by Shri Parveen Kumar Arora and others.
2. Learned counsel for the parties, appearing before us submit that the parties have entered into a settlement in respect of the cases which are subject matter of both these Transfer Petitions. It is submitted that they shall take appro-priate proceedings in furtherance of the terms of the settlement, which they have filed in the Court today and we take the same on record. Learned counsel submits that the parties shall take appropriate proceedings in both the cases within two weeks as per the agreed terms and that both the matters may be trans-ferred to the learned District and Sessions Judge, Delhi, who may either deal with the petitions himself or assign them to a Court of competent jurisdiction under him.
3. In view of the settlement between the parties, which has been taken on record today and the statement made by the learned counsel at the Bar, we withdraw Divorce Petition No. 208 of 1999 titled as Sh. Parveen Kumar v. Smt. Ritu Arora which is pending in the Family Court at Udaipur from that Court and transfer it to the file of the learned District and Sessions Judge, Delhi. The learned presiding Judge in the Family Court at Udaipur shall send the record of the case to the transferee Court without any delay.
4. We also withdraw the criminal case arising out of F.I.R. No. 167 dated 10.09.1998. Police Station, City Hoshiarpur, which is pending in the Court of Chief Judicial Magistrate, Hoshiarpur, titled as State v. Parveen Kumar Arora & Ors. from that Court and transfer it to the file of the learned District and Sessions Courts Delhi. The learned Chief Judicial Magistrate, Hoshiarpur shall send the record of the case to the transferee Court without any delay.
5. The learned District and Sessions Judge may either try the cases himself or assign them to a Court of competent jurisdiction under him.
6. The parties through their learned counsel are directed to appear before the learned District and Sessions Judge, Delhi on 5th February, 2000.
7. The learned District and Sessions Judge, Delhi shall expe-ditiously dispose of the matters.
8. The Transfer Petitions are, accordingly, allowed. No costs.
