Neeti Vs. Shiv Kumar Malik
EmailAppeal: Transfer Petition (C) No. 53 of 2000
Petitioner: Neeti
Respondent: Shiv Kumar Malik
Apeal: Transfer Petition (C) No. 53 of 2000
Judges: SYED SHAH MOHAMMED QUADRI & Y.K. SABHARWAL, JJ.
Date of Judgment: Jul 31, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Wife’s petition at Meerut – Working in Escorts Hospital – Meagre salary – Children to support. Held that petition at Meerut be transferred to District Judge, Delhi.
JUDGEMENT:
ORDER
1. The petitioner is the wife of the respondent. The petitioner seeks transfer of the case HMA No. 640/99 pending in the Family Court, Meerut, to the Court of District Judge, Delhi. The transfer is sought on the ground that the petitioner is working in Escorts Hospital and getting a meagre salary which is hardly sufficient to maintain her and her child. Her service conditions do not permit her to go to Meerut and meet every date of hearing of the case. In the facts and circumstances of the case, in our view, interest of justice demands that the case should be transferred. Accordingly, we order that the case HMA No. 640/99 entitled Shiv Kumar v. Neeti Malik pending in the Family Court, Meerut should be transferred to the District Judge, Delhi, who shall hear the case himself or
assign it to a competent court. The transfer petition is ordered accordingly. No costs.
1. The petitioner is the wife of the respondent. The petitioner seeks transfer of the case HMA No. 640/99 pending in the Family Court, Meerut, to the Court of District Judge, Delhi. The transfer is sought on the ground that the petitioner is working in Escorts Hospital and getting a meagre salary which is hardly sufficient to maintain her and her child. Her service conditions do not permit her to go to Meerut and meet every date of hearing of the case. In the facts and circumstances of the case, in our view, interest of justice demands that the case should be transferred. Accordingly, we order that the case HMA No. 640/99 entitled Shiv Kumar v. Neeti Malik pending in the Family Court, Meerut should be transferred to the District Judge, Delhi, who shall hear the case himself or
assign it to a competent court. The transfer petition is ordered accordingly. No costs.
