SUPREME COURT OF INDIA

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

Transfer Petn. (C) No. 820 of 1999. D/d. 3.1.2000.

Renu Gautam - Petitioner

Versus

Vinod Gautam - Respondent

Constitution of India, Article 25 - Civil Procedure Code, 1908, Section 24 - Matrimonial petition - Divorce petition filed by the husband at Faridabad - Application filed by wife for transfer of case at Delhi - Particular facts and circumstances of the case - Appropriate to allow transfer - Case - Appropriate to allow transfer - Case transferred to Distt. Judge Delhi.

[Paras 3 and 4]

ORDER

The respondent is present in person. Counter has also been filed.

2. Heard.

3. Without going into the allegations made in the Transfer Petition and the rebuttal thereof made in the counter-affidavit, in the peculiar facts and circumstances of this case, it appears appropriate to us to allow this petition.

4. We, accordingly, withdraw Divorce Petition filed by the respondent being H.M.A. No. 22 of 1995 titled Vinod Kumar Gautam v. Renu Gautam, which is pending in the Court of the learned Additional District Judge, Faridabad from that Court 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.

5. The learned Additional District Judge, Faridabad shall send the record of the case to the transferee Court without any delay.

6. The petitioner through her learned counsel and the respondent, who is present in person, are directed to appear before the learned District Judge, Delhi on 22nd January, 2000.

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

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

Petition allowed.