Sadhna Vs. Pradeep M. Ahluwalia
EmailAppeal: Transfer Petition (Civil) No. 92 of 2000
Petitioner: Sadhna
Respondent: Pradeep M. Ahluwalia
Apeal: Transfer Petition (Civil) No. 92 of 2000
Judges: Dr. A.S. ANAND, CJI, R.C. LAHOTI & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Jul 28, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Petition under Section 9 of Hindu Marriage Act by wife, filed earlier in time – Pending at Panchkula with application under Section 125 Cr.P.C. – Petition for divorce under Section 13(1) of Hindu Marriage. Act by husband at Bandra, Mumbai filed subsequently. Held that it will be expedient that both petitions are tried at Panchkula. Hence, divorce petition transferred to Panchkula. (Para 4)
JUDGEMENT:
ORDER
1. We have heard learned Counsel for the parties and perused the record.
2. The parties were married on 1st October, 1995. There are no children out of the marriage. It is alleged that the respondent deserted petitioner, which made her to file a petition under Section 9 of the Hindu Marriage Act before the learned District Judge, Ambala on 3rd December, 1998. An application under Section 24 of the Hindu Marriage Act seeking maintenance was also filed and is pending. Both these cases have now been transferred to the Court of Additional District Judge, Panchkula. Besides, the petitioner also filed a petition under Section 125 Cr. P.C. before the Chief Judicial Magistrate, Panchkula. Subsequent to the filing of these petitions by the petitioner-wife, the respondent-husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act before the Family Court at Bandra, Mumbai.
3. Through this transfer petition the petitioner-wife seeks transfer of the divorce petition filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act to the Court of Additional District Judge, Panchkula, where the petition under Section 9 of the Hindu Marriage Act is already pending.
4. Without commenting upon the correctness or otherwise of the allegations made in the petition and the counter-affidavit but keeping in view the fact that the petitioner-wife had filed a petition under Section 9 of the Hindu Marriage Act earlier in point of time, which is pending before the Additional District Judge, Panchkula, we consider it expedient that both the cases, i.e., the petition under Section 9 of the Hindu Marriage Act and the petition under Section 13(1)(ia) of the Hindu Marriage Act, are tried by the same Court. We accordingly, withdraw the file of divorce petition under Section 13(1)(ia) titled Pradeep M. Ahluwalia v. Sadhna filed by the respondent-husband from the Family Court at Bandra, Mumbai and transfer it to the file of the learned Additional District Judge, Panchkula, who shall try the case in accordance with law. Both the cases shall be tried together. The learned Presiding Officer of the Family Court at Bandra, Mumbai, shall send the record of the divorce petition under Section 13(1)(ia) to the Court of Additional District Judge , Panchkula without any delay. The Transferee Court shall issue notice to the parties and dispose of the petitions expeditiously.
5. The transfer petition is allowed in the above terms. No costs.
1. We have heard learned Counsel for the parties and perused the record.
2. The parties were married on 1st October, 1995. There are no children out of the marriage. It is alleged that the respondent deserted petitioner, which made her to file a petition under Section 9 of the Hindu Marriage Act before the learned District Judge, Ambala on 3rd December, 1998. An application under Section 24 of the Hindu Marriage Act seeking maintenance was also filed and is pending. Both these cases have now been transferred to the Court of Additional District Judge, Panchkula. Besides, the petitioner also filed a petition under Section 125 Cr. P.C. before the Chief Judicial Magistrate, Panchkula. Subsequent to the filing of these petitions by the petitioner-wife, the respondent-husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act before the Family Court at Bandra, Mumbai.
3. Through this transfer petition the petitioner-wife seeks transfer of the divorce petition filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act to the Court of Additional District Judge, Panchkula, where the petition under Section 9 of the Hindu Marriage Act is already pending.
4. Without commenting upon the correctness or otherwise of the allegations made in the petition and the counter-affidavit but keeping in view the fact that the petitioner-wife had filed a petition under Section 9 of the Hindu Marriage Act earlier in point of time, which is pending before the Additional District Judge, Panchkula, we consider it expedient that both the cases, i.e., the petition under Section 9 of the Hindu Marriage Act and the petition under Section 13(1)(ia) of the Hindu Marriage Act, are tried by the same Court. We accordingly, withdraw the file of divorce petition under Section 13(1)(ia) titled Pradeep M. Ahluwalia v. Sadhna filed by the respondent-husband from the Family Court at Bandra, Mumbai and transfer it to the file of the learned Additional District Judge, Panchkula, who shall try the case in accordance with law. Both the cases shall be tried together. The learned Presiding Officer of the Family Court at Bandra, Mumbai, shall send the record of the divorce petition under Section 13(1)(ia) to the Court of Additional District Judge , Panchkula without any delay. The Transferee Court shall issue notice to the parties and dispose of the petitions expeditiously.
5. The transfer petition is allowed in the above terms. No costs.
