SUPREME COURT OF INDIA

Before:- R.C. Lahoti and Brijesh Kumar, JJ.

Transfer Petn. (C) No. 462 of 2000. D/d. 4.12.2000.

Alka Dikshit - Petitioner

Versus

Sanjay Narendra Kumar Bhatnagar - Respondent

Civil Procedure Code, 1908, Section 24 - Transfer of Case - Divorce proceedings - Application by petitioner-wife for transfer of divorce petition from Pune, Maharashtra to Lucknow - Petitioner wife suffering from paranoid schizophrenia and undergoing treatment - Divorce petition directed to be transferred to the Court at Lucknow.

[Paras 3 and 4]

Cases Referred :-

Sanjay Narendra Kr. Bhatnagar v. Alka Dikshit, Petition (A) No. 368 of 2000.

ORDER

This is a petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of Divorce Petition (A) No. 368 of 2000 (Sanjay Narendra Kr. Bhatnagar v. Alka Dikshit) under Section 13 of the Hindu Marriage Act, pending in the Family Court, Pune, Maharashtra. The petitioner-wife is a resident of Lucknow. The respondent belongs to city of Kanpur. However, presently, he is serving at Pune.

2. We have heard learned counsel for the parties.

3. According to the counter, the petitioner-wife is suffering from paranoid schizophrenia and has also undergone treatment for her disease. Considering the facts and circumstances of the case, we are of the opinion that it will be convenient and in the interest of justice if the suit is heard and decided at Lucknow.

4. Looking to the convenience of the parties, it is directed that Divorce Petition (A) No. 368 of 2000 (Sanjay Narendra Kr. Bhatnagar v. Alka Dikshit) pending in the Family Court, Pune, Maharashtra shall stand transferred to the Family Court, Lucknow, U. P.

5. Accordingly, the transfer petition is allowed. There will be no order as to costs.

6. Parties are directed to appear before the Family Court, Lucknow, U. P. on 15th January, 2001. Learned counsel for the parties undertake to inform their respective clients of the date fixed by this Court.

allowed.