Vandana Sharma Vs. Rakesh Kumar Sharma
EmailAppeal: Transfer Petition (C) No. 921 of 2006
Petitioner: Vandana Sharma
Respondent: Rakesh Kumar Sharma
Apeal: Transfer Petition (C) No. 921 of 2006
Judges: Tarun Chatterjee & Aftab Alam, JJ.
Date of Judgment: Aug 21, 2008
Appearances:
Appearances
Mr. Ajay Pal, Mr. Gagandeep Sharma and Mr. D. Mahesh Babu, Advocates for the Appellant.
Mr. Ajay Pal, Mr. Gagandeep Sharma and Mr. D. Mahesh Babu, Advocates for the Appellant.
Head Note:
MATRIMONIAL LAWS
Transfer petition – Matrimonial dispute – Wife sought transfer of divorce case filed by Husband from Delhi to Haryana, district court – Wife residing with two minor daughters, one of whom 7 months old – No male member to accompany her from Panchkula to Delhi. Case transferred to district court Panchkula. (Paras 3-4)
Transfer petition – Matrimonial dispute – Wife sought transfer of divorce case filed by Husband from Delhi to Haryana, district court – Wife residing with two minor daughters, one of whom 7 months old – No male member to accompany her from Panchkula to Delhi. Case transferred to district court Panchkula. (Paras 3-4)
JUDGEMENT:
ORDER
1. By this transfer petition, the wife – Smt.Vandana Sharma seeks transfer of S.M.A. Case No.6 of 2006 (Rakesh Kumar Sharma v. Smt. Vandana Sharma) pending in the Court of Additional District Judge, Tis Hazari Courts, Delhi to the Court of District Judge, Panchkula (Haryana), which has been filed at the instance of the husband – Rakesh Kumar Sharma for divorce under Section 27(1)(b)(d) of the Special Marriage Act, 1954.
2. In spite of due service on the respondent to contest the application for transfer, no one has entered appearance on behalf of the husband – opposite party to contest the application for transfer of the aforesaid matrimonial proceeding from Delhi to Panchkula (Haryana).
3. We have heard the learned counsel for the petitioner and considered the entire materials on record. It is an admitted fact that the wife/petitioner is having two minor daughters staying with her, one of whom is only 7 months’ old and that, it would be very difficult for her to attend the Court at Delhi from Panchkula (Haryana), where she is now residing with her two minor daughters in the absence of any male member to accompany her from Panchkula to Delhi, it would be just and proper that the matrimonial proceedings pending in the Tis Hazari Courts at Delhi be transferred
to the Court of the District Judge, Panchkula (Haryana) at an early date.
4. Accordingly, we allow this application for transfer and the Additional District Judge, Tis Hazari Courts, Delhi, before whom the aforesaid case is pending, is directed to transmit the records of the said case at an early date preferably within one month from the date of supply of a copy of this order to him. It is expected that the District Judge, Panchkula (Haryana) or any other appropriate court to be nominated by the District Judge, Panchkula (Haryana) shall dispose of the case within one year from the date of receiving the records of the same without granting any unnecessary adjournments to either of the parties.
5. The application for transfer is thus allowed. There will be no order as to costs.
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1. By this transfer petition, the wife – Smt.Vandana Sharma seeks transfer of S.M.A. Case No.6 of 2006 (Rakesh Kumar Sharma v. Smt. Vandana Sharma) pending in the Court of Additional District Judge, Tis Hazari Courts, Delhi to the Court of District Judge, Panchkula (Haryana), which has been filed at the instance of the husband – Rakesh Kumar Sharma for divorce under Section 27(1)(b)(d) of the Special Marriage Act, 1954.
2. In spite of due service on the respondent to contest the application for transfer, no one has entered appearance on behalf of the husband – opposite party to contest the application for transfer of the aforesaid matrimonial proceeding from Delhi to Panchkula (Haryana).
3. We have heard the learned counsel for the petitioner and considered the entire materials on record. It is an admitted fact that the wife/petitioner is having two minor daughters staying with her, one of whom is only 7 months’ old and that, it would be very difficult for her to attend the Court at Delhi from Panchkula (Haryana), where she is now residing with her two minor daughters in the absence of any male member to accompany her from Panchkula to Delhi, it would be just and proper that the matrimonial proceedings pending in the Tis Hazari Courts at Delhi be transferred
to the Court of the District Judge, Panchkula (Haryana) at an early date.
4. Accordingly, we allow this application for transfer and the Additional District Judge, Tis Hazari Courts, Delhi, before whom the aforesaid case is pending, is directed to transmit the records of the said case at an early date preferably within one month from the date of supply of a copy of this order to him. It is expected that the District Judge, Panchkula (Haryana) or any other appropriate court to be nominated by the District Judge, Panchkula (Haryana) shall dispose of the case within one year from the date of receiving the records of the same without granting any unnecessary adjournments to either of the parties.
5. The application for transfer is thus allowed. There will be no order as to costs.
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