SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, CJI, and R.C. Lahoti, J.

Transfer Petn. (C) 459 of 1999. D/d. 3.1.2000.

Ravinder Kaur - Petitioner

Versus

Hitinder Singh - Respondent

Civil Procedure Code, 1908, Sections 24 and 25 - Divorce petition by Husband - Averments made by wise in the petition for transfer of case supported by an affidavit - Appropriate to allow transfer of the matrimonial petition - Case transferred to the Distt. Judge Delhi.

[Paras 2 and 3]

Cases Referred :-

Shri Hitinder Singh v. Ravinder Kaur, H.M.A. No. 133/98.

ORDER

Parties were married on 19th October, 1996. The respondent - husband has filed a Divorce Petition under section 13(1)(i)(a), Hindu Marriage Act before the learned District Judge, Chandigarh on 22nd July, 1998. Through this petition, the petitioner-Wife seeks transfer of the Divorce Petition from Chandigarh to the competent Court at Delhi.

2. After going through the averments made in the Transfer Petition, which is supported by an affidavit, and the counter-affidavit filed by the respondent, but without expressing any opinion on the merits of the case, it appears appropriate to us to allow this petition. We, accordingly, withdraw H.M.A. No. 133/98 titled Shri Hitinder Singh v. Ravinder Kaur which is pending in the Court of the learned District Judge, Chandigarh and transfer it to the file of the learned District Judge, Delhi who may either try the petition himself or assign it to a Court of competent jurisdiction under him.

3. The learned District Judge, Chandigarh shall send the record of the case to the transferee Court without any delay.

4. The parties through their learned counsel are directed to appear before the learned District Judge, Delhi on 29th January, 2000.

5. The transferee Court shall expeditiously dispose of the Matrimonial Petition.

6. The Transfer Petition is accordingly, allowed. No costs.

Petition allowed.