SUPREME COURT OF INDIA

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

Transfer Petition (C) No. 606 of 2001. D/d. 9.8.2002.

Anju Ohri - Petitioner

Versus

Varinder Ohri - Respondent

Civil Procedure Code, 1908, Section 25 - Transfer of case - Husband filed divorce case at place 'C' - Wife residing at place 'D' - For convenience of parties and in interest of justice - Case transferred to place 'D'.

[Para ]

Case Referred :-

Varinder Ohri v. Anju Ohri, Petition No. Nil of 2001.

ORDER

R.C. Lahoti, J. - The respondent husband has filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce against the petitioner wife before the Additional District Judge, Chandigarh. The petitioner wife is residing at Delhi.

2. Having heard the learned counsel for the parties, but without expressing any opinion on the allegations and counter-allegations made against one another, which are sub judice in the main proceedings, we are of the opinion that it will be for better convenience of the parties and in the interest of justice if the proceedings are directed to be transferred from Chandigarh to Delhi to be heard by a competent court thereat. Accordingly, the transfer petition is allowed. It is directed that Petition No. Nil of 2001 titled Varinder Ohri v. Anju Ohri pending in the Court of Shri R.C. Godara, Additional District Judge, Chandigarh shall stand transferred to the District Judge, Delhi, who may try the petition himself or make over the same for hearing and disposal in accordance with law to a court of competent jurisdiction subordinate to him. The Additional District Judge, Chandigarh shall, soon on communication of this order, transfer the record of proceedings in Petition No. Nil of 2001 titled Varinder Ohri v. Anju Ohri to the District Judge, Delhi.

3. The parties through their respective counsel are directed to appear before the District Judge, Delhi on 23-9-2002.

4. No order as to the costs.

Transfer petition allowed.