Smt. Mamidi Hema Kumari Vs. Sri Rambabu Mamidi
EmailAppeal: Transfer Petition (C) No. 324 of 1997
Petitioner: Smt. Mamidi Hema Kumari
Respondent: Sri Rambabu Mamidi
Apeal: Transfer Petition (C) No. 324 of 1997
Judges: Dr. A.S. ANAND, CJI., R.C. LAHOTI & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Nov 08, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Divorce petition by husband at Thane, Maharashtra. Held that it is appropriate to transfer the petition to courts at Machilipatnam at Andhra Pradesh.
(Para 1)
JUDGEMENT:
ORDER
1. In this transfer petition filed by the petitioner-wife, we had made efforts that the parties should come to some amicable settlement for the sake of the little child, who is about 4 years of age. However, our efforts have not borne fruits so far. Looking to the allegations and the counter-allegations made in the petition, it appears that better sense has not yet prevailed upon the parties. Without commenting upon the correctness or otherwise on the allegations and counter-allegations, we consider it appropriate to withdraw the divorce petition (M.P. No. 45/1997) filed by the respondent-husband under Section 13 of the Hindu Marriage Act, which is pending in the Court of the learned Civil Judge (S.D.), Thane, Maharashtra from that Court and transfer it to the file of the learned District Judge, Machilipatnam, Andhra Pradesh, who may try the petition either himself or assign the same to any other court of competent jurisdiction under him. The learned Civil Judge (S.D.), Thane shall send record of the case to the transferee court without any delay. The transferee court shall issue notice to the parties and dispose of the petition expeditiously.
2. The transfer petition is allowed. No costs.
1. In this transfer petition filed by the petitioner-wife, we had made efforts that the parties should come to some amicable settlement for the sake of the little child, who is about 4 years of age. However, our efforts have not borne fruits so far. Looking to the allegations and the counter-allegations made in the petition, it appears that better sense has not yet prevailed upon the parties. Without commenting upon the correctness or otherwise on the allegations and counter-allegations, we consider it appropriate to withdraw the divorce petition (M.P. No. 45/1997) filed by the respondent-husband under Section 13 of the Hindu Marriage Act, which is pending in the Court of the learned Civil Judge (S.D.), Thane, Maharashtra from that Court and transfer it to the file of the learned District Judge, Machilipatnam, Andhra Pradesh, who may try the petition either himself or assign the same to any other court of competent jurisdiction under him. The learned Civil Judge (S.D.), Thane shall send record of the case to the transferee court without any delay. The transferee court shall issue notice to the parties and dispose of the petition expeditiously.
2. The transfer petition is allowed. No costs.
