Raj Laxmi Sharma Vs. Dilip Kumar Sharma
EmailAppeal: Transfer Petition (C) No. 778 of 1999
Petitioner: Raj Laxmi Sharma
Respondent: Dilip Kumar Sharma
Apeal: Transfer Petition (C) No. 778 of 1999
Judges: S.P. BHARUCHA, V.N. KHARE & SYED SHAH MOHAMMED QUADRI, JJ.
Date of Judgment: Oct 01, 2000
Head Note:
CIVIL LAWS
Civil Procedure Code, 1908
Section – 25 – Matrimonial disputes – Transfer petition – Admissibility – Suit for dissolution of marriage filed by husband in Ranchi court – Wife residing in Agra seeking transfer of case to Agra court – Wife having two children aged eight and ten years and expressing inability to travel to Ranchi from time to time to defend proceedings. Held : Suit for dissolution ordered to be transferred to Agra court.
JUDGEMENT:
ORDER
1. This is a wife’s petition to transfer the suit for dissolution of marriage filed by the husband against her in the court of the Judicial Magistrate, Ranchi to Agra. It is the case of the wife that she stays with her father in Agra along with the two sons of the marriage, who are aged eight and ten years. It will not be possible for her to travel from time to time from Agra to Ranchi to defend the proceedings and she will not be able to travel alone.
2. Our attention has been drawn by learned Counsel for the husband to a letter dated 22nd December, 1993, which is said to be fabri-cated. It is submitted that there are other letters of a similar kind on the record and that, therefore, we should not entertain the transfer petition because it is filed by a person who has come to the court with unclean hands. We are not inclined to reject the wife’s petition only upon this ground. No issue relat-ing to these letters is with us and whether or not they are forged must be gone into in appropriate proceedings, if neces-sary.
3. So far as we are concerned, the wife has made out a case for transfer. We do not agree that the court to which the proceedings are transferred should not be located in the State of Uttar Pradesh. We think that, in the circumstances, it is appropriate that the court to which the proceedings are transferred should be located where the petitioner now stays.
4. The transfer petition is, therefore,
made absolute and Matrimo-nial Case No. 35 of 1999 filed in the court of the
Judicial Magistrate, Ranchi shall stand transferred to the Family Court at Agra, Uttar Pradesh.
5. No order as to costs.
1. This is a wife’s petition to transfer the suit for dissolution of marriage filed by the husband against her in the court of the Judicial Magistrate, Ranchi to Agra. It is the case of the wife that she stays with her father in Agra along with the two sons of the marriage, who are aged eight and ten years. It will not be possible for her to travel from time to time from Agra to Ranchi to defend the proceedings and she will not be able to travel alone.
2. Our attention has been drawn by learned Counsel for the husband to a letter dated 22nd December, 1993, which is said to be fabri-cated. It is submitted that there are other letters of a similar kind on the record and that, therefore, we should not entertain the transfer petition because it is filed by a person who has come to the court with unclean hands. We are not inclined to reject the wife’s petition only upon this ground. No issue relat-ing to these letters is with us and whether or not they are forged must be gone into in appropriate proceedings, if neces-sary.
3. So far as we are concerned, the wife has made out a case for transfer. We do not agree that the court to which the proceedings are transferred should not be located in the State of Uttar Pradesh. We think that, in the circumstances, it is appropriate that the court to which the proceedings are transferred should be located where the petitioner now stays.
4. The transfer petition is, therefore,
made absolute and Matrimo-nial Case No. 35 of 1999 filed in the court of the
Judicial Magistrate, Ranchi shall stand transferred to the Family Court at Agra, Uttar Pradesh.
5. No order as to costs.
