Savitri Vs. Hari Chand
EmailAppeal: Transfer Petition ( C ) No. 72 of 1997
Petitioner: Savitri
Respondent: Hari Chand
Apeal: Transfer Petition ( C ) No. 72 of 1997
Judges: Dr. A.S. ANAND & K. VENKATASWAMI , JJ.
Date of Judgment: Dec 01, 1998
Head Note:
CRIMINAL LAW
Criminal Procedure Code , 1973
Section 125 – Transfer – Maintenance petition by wife at Delhi – Divorce petition by husband at Agra – Non- appearance by husband despite notice of transfer petition – Ordered that without ex-pressing any opinion on the correctness of allegations or other wise , the divorce petition at Agra be transferred to Distt . Courts at Delhi . ( Para 4 )
Criminal Procedure Code , 1973
Section 125 – Transfer – Maintenance petition by wife at Delhi – Divorce petition by husband at Agra – Non- appearance by husband despite notice of transfer petition – Ordered that without ex-pressing any opinion on the correctness of allegations or other wise , the divorce petition at Agra be transferred to Distt . Courts at Delhi . ( Para 4 )
JUDGEMENT:
O R D E R
1 . Respondent has been served but despite service is not pres-ent . No objection to this petition have been filed either .
2 . We have heard learned counsel for the petitioner .
3 . It transpires that a petition under Section 125 of the Code of Criminal Procedure filed by the petitioner is pending in the Court of Metropolitan Magistrate , Delhi . The petitioner has in the application , prayed for grant of maintenance allowance for herself and her daughter . The respondent has filed Hindu Marriage Petition No. 457 of 1996 before the Family Court at Agra seeking a decree of divorce under Section 13 of the Hindu Marriage Act , 1955 . Through this petition , the petitioner seeks transfer of the Hindu marriage petition from the Family Court at Agra to Delhi .
4 . Since no objections have been filed to this petition and no one appears to oppose the petition either , without expressing any opinion on the correctness or otherwise of the allegations made in this application , we consider it appropriate to allow this application and transfer Hindu Marriage Petition No. 457 of 1996 from the Family Court at Agra to the Court of the District Judge , Delhi , who may either deal with the petition himself or assign it to any other court of competent jurisdiction under him . The Family Court at Agra is directed to forthwith send the record of the case title Hari Chand v. Savitri( Hindu Marriage Petition No. 457 of 1996 ) pending before it to the transferee court without any delay . The transferee court shall issue notice to the parties and dispose of the petition expeditiously . No costs .
1 . Respondent has been served but despite service is not pres-ent . No objection to this petition have been filed either .
2 . We have heard learned counsel for the petitioner .
3 . It transpires that a petition under Section 125 of the Code of Criminal Procedure filed by the petitioner is pending in the Court of Metropolitan Magistrate , Delhi . The petitioner has in the application , prayed for grant of maintenance allowance for herself and her daughter . The respondent has filed Hindu Marriage Petition No. 457 of 1996 before the Family Court at Agra seeking a decree of divorce under Section 13 of the Hindu Marriage Act , 1955 . Through this petition , the petitioner seeks transfer of the Hindu marriage petition from the Family Court at Agra to Delhi .
4 . Since no objections have been filed to this petition and no one appears to oppose the petition either , without expressing any opinion on the correctness or otherwise of the allegations made in this application , we consider it appropriate to allow this application and transfer Hindu Marriage Petition No. 457 of 1996 from the Family Court at Agra to the Court of the District Judge , Delhi , who may either deal with the petition himself or assign it to any other court of competent jurisdiction under him . The Family Court at Agra is directed to forthwith send the record of the case title Hari Chand v. Savitri( Hindu Marriage Petition No. 457 of 1996 ) pending before it to the transferee court without any delay . The transferee court shall issue notice to the parties and dispose of the petition expeditiously . No costs .
