SUPREME COURT OF INDIA

Before:- S.P. Bharucha and Syed Mohammed Quadri, JJ.

Transfer Petition (C) No. 223 of 1999. D/d. 30.8.1999

Archana Rastogi - Petitioner

Versus

Rakesh Rastogi - Respondent

Civil Procedure Code, 1908, Section 25 - Family law - Matrimonial disputes - Transfer of proceedings - Matrimonial proceeding taken by husband in Chandigarh - Transfer petition filed by wife for transfer of proceedings at Delhi where she stays alongwith her two young children - Wife having health problems - No real defence to transfer petition by husband - Transfer petition accordingly allowed.

[Paras 1 and 2]

ORDER

S.P. Bharucha, J. - This is a transfer petition filed by the wife for transfer of matrimonial proceedings taken by the husband in the Court of the District Judge, Chandigarh to the Court of the District Judge at Delhi. The wife stays in Delhi along with her two young children. She has adopted proceedings for maintenance in Delhi. She has health problems. There is really no defence to the transfer petition in the counter-affidavit filed by the husband.

2. Accordingly, the transfer petition is allowed. HMA Case No. 18-A of 1997 pending in the Court of the District Judge, Chandigarh shall stand transferred to the Court of the District Judge at Delhi, who shall hear the same himself or assign it for trial to the appropriate court.

3. No order as to costs.