SUPREME COURT OF INDIA

Before:-Dr. A.S. Anand, C.J., R.C. Lahoti and Brijesh Kumar, JJ.

Transfer Petition (C) No. 101 of 2000. D/d. 8.1.2001.

Shamoyita Chowdhury - Petitioner

Versus

Ujjal Chowdhury - Respondent

Hindu Marriage Act, Section 12

Case Referred :-

Ujjal Chowdhury v. Shamoyita Chowdhury nee Gupta, Matrimonial Title Suit No. 4 of 2000

ORDER

Dr. A.S. Anand, C.J. - Through this transfer petition, the petitioner wife seeks transfer of the petition, filed by the respondent husband under Section 12 of the Hindu Marriage Act seeking annulment of marriage, from the Court of the IVth Additional Judicial Commissioner, Ranchi to a court of competent jurisdiction at Calcutta.

2. During the pendency of proceedings in this Court, we had suggested to learned counsel for the parties to explore the possibility of a settlement between the parties. Learned counsel for the parties submit that the parties have settled the matter and have reduced the terms to writing, which is supported by affidavits of the parties. Those terms form a part of the application filed in this Court as IA No. 3 of 2000.

3. Learned counsel for the parties submit that for expeditious disposal of the matter, matrimonial petition, pending in the court at Ranchi, may be transferred to the Court of District Judge, Tis Hazari, Delhi, who may either hear the petition himself or assign it to any other court of competent jurisdiction under him. Learned counsel submit that they may be permitted to withdraw IA No. 3 of 2000 along with affidavits filed in support thereof so that the same can be filed before the transferee court for appropriate orders. We grant the prayer.

4. The transfer petition is disposed of with the direction that Matrimonial Title Suit No. 4 of 2000 (Ujjal Chowdhury v. Shamoyita Chowdhury nee Gupta) pending in the Court of IVth Additional Judicial Commissioner, Ranchi is withdrawn from that court and transferred to the Court of District Judge, Tis Hazari, Delhi.

5. Parties are permitted to file a petition under Section 13B of the Hindu Marriage Act before the transferee court by withdrawing IA No. 3 of 2000 from this Court, to enable the transferee court to pass appropriate orders.

6. The learned court at Ranchi shall send the record of the case to the transferee court without any delay.

7. On termination of the proceedings in the transferee court, the parties may make an application to this Court for withdrawal of the amount, which is lying deposited in this Court.

8. The transfer petition is disposed of accordingly.

9. No costs.

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