Nidhi Nawani Vs. Vijay Nawani
EmailAppeal: Transfer Petition No. 887 of 1999
Petitioner: Nidhi Nawani
Respondent: Vijay Nawani
Apeal: Transfer Petition No. 887 of 1999
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Jul 21, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Divorcepetition by husband at Dehradun – Criminal proceedings by wife at Delhi – Husband having no objection to transfer to Courts at Gautam Budh Nagar, where wife was residing. Held that both proceedings are transferred to Courts at Gautam Budh Nagar.
(Para 3)
JUDGEMENT:
ORDER
1. The petitioner is the wife of the respondent. A divorce case has been filed by the respondent before the Civil Judge (Senior Division), Dehradun. Petitioner seeks transfer of that case from Dehradun to the Civil Judge, Delhi. Respondent entered appearance and submitted that he has no objection in having the case transferred to the Court at Gautam Budh Nagar. Incidentally, we notice that petitioner is residing within the jurisdiction of Gautam Budh Nagar as could be seen from the address shown in the cause title as well as in the averments. However, learned Counsel for the petitioner submits that a criminal case is pending before the Metropolitan Magistrate, Karkadooma Court, Delhi, which is filed by the petitioner against the respondent, under Section 498-A of the Indian Penal Code etc. An interlocutory application has been filed by the respondent for transferring the said case to the Court at Gautam Budh Nagar.
2. Though learned Counsel for the petitioner submitted that the transfer should be to the Civil Judge, Delhi and not to Gautam Budh Nagar, he has admitted that there would be no inconvenience for the respondent if the case is transferred to the Court at Gautam Budh Nagar. Though for certain reasons petitioner may prefer the transfer to the Court at Delhi, we are not inclined to order transfer to the Court in Delhi as conveniencewise, Court of Gautam Budh Nagar is more suitable for both the parties. At the same time, we are inclined to order transfer of the criminal case no. 9/2000 also to the Court of the Chief Judicial Magistrate, Gautam Budh Nagar. We record the submissions of the petitioner’s Counsel that the list of articles appended along with the petition is not exhaustive.
3. In the result, we order transfer of the divorce case no. 672/99 titled: Nidhi Nawani v. Vijay Nawani pending in the Court of Civil Judge (Sr. Division), Dehradun, to the District Court, Gautam Budh Nagar. We also order transfer of the criminal case no. 9/2000 pending before the Metropolitan Magistrate, Karkadooma Court, Delhi to the Chief Judicial Magistrate, Gautam Budh Nagar. It is open to the Chief Judicial Magistrate to assign the said case to any other Magistrate within his jurisdiction. Transfer petition is disposed of accordingly.
1. The petitioner is the wife of the respondent. A divorce case has been filed by the respondent before the Civil Judge (Senior Division), Dehradun. Petitioner seeks transfer of that case from Dehradun to the Civil Judge, Delhi. Respondent entered appearance and submitted that he has no objection in having the case transferred to the Court at Gautam Budh Nagar. Incidentally, we notice that petitioner is residing within the jurisdiction of Gautam Budh Nagar as could be seen from the address shown in the cause title as well as in the averments. However, learned Counsel for the petitioner submits that a criminal case is pending before the Metropolitan Magistrate, Karkadooma Court, Delhi, which is filed by the petitioner against the respondent, under Section 498-A of the Indian Penal Code etc. An interlocutory application has been filed by the respondent for transferring the said case to the Court at Gautam Budh Nagar.
2. Though learned Counsel for the petitioner submitted that the transfer should be to the Civil Judge, Delhi and not to Gautam Budh Nagar, he has admitted that there would be no inconvenience for the respondent if the case is transferred to the Court at Gautam Budh Nagar. Though for certain reasons petitioner may prefer the transfer to the Court at Delhi, we are not inclined to order transfer to the Court in Delhi as conveniencewise, Court of Gautam Budh Nagar is more suitable for both the parties. At the same time, we are inclined to order transfer of the criminal case no. 9/2000 also to the Court of the Chief Judicial Magistrate, Gautam Budh Nagar. We record the submissions of the petitioner’s Counsel that the list of articles appended along with the petition is not exhaustive.
3. In the result, we order transfer of the divorce case no. 672/99 titled: Nidhi Nawani v. Vijay Nawani pending in the Court of Civil Judge (Sr. Division), Dehradun, to the District Court, Gautam Budh Nagar. We also order transfer of the criminal case no. 9/2000 pending before the Metropolitan Magistrate, Karkadooma Court, Delhi to the Chief Judicial Magistrate, Gautam Budh Nagar. It is open to the Chief Judicial Magistrate to assign the said case to any other Magistrate within his jurisdiction. Transfer petition is disposed of accordingly.
