SUPREME COURT OF INDIA

Before:- Ruma Pal and C.K. Thakker, JJ.

Civil Appeal No. 2579 of 2005 arising out of SLP(C) No. 5470 of 2005. D/d. 11.4.2005.

Vibha Dubey - Petitioner

Versus

Rahul Dubey - Respondent

For the Petitioner :- Ms. Meenakshi Arora, Advocate.

For the Respondent :- Mr. Rakesh Uttamchandra Upadhyay, Advocate.

Civil Procedure Code, 1908, Section 25 - Matrimonial dispute - Transfer of suit - Divorce petition pending in Court at Ghaziabad - Prayer for transferred suit at Delhi Court - Held, direction issued to transfer the suit at court at Delhi.

[Paras 1 and 2]

Cases Referred :-

Rahul Dubey v. Smt. Vibha Dubey, Divorce Petition No. 532 of 2003.

ORDER

Leave granted. We are of the view that without going into the allegations made by the parties against each other, it will be appropriate if Divorce Petition No. 532 of 2003 entitled Rahul Dubey v. Smt. Vibha Dubey, pending before the Court of Civil Judge, Senior Division, Ghaziabad, is transferred to the Matrimonial Court in Delhi. It is ordered accordingly.

2. It is made clear that the petition shall be proceeded with from the stage at which it was before the earlier court.

3. The appeal is disposed of accordingly.

.