Order

Respondent has been served but despite service is not present. No objection to this petition have been filed either.

2. We have heard learned counsel for the petitioner.

3. It transpires that a petition under Section 125 of the Code of Criminal Procedure filed by the petitioner is pending in the Court of Metropolitan Magistrate, Delhi. The petitioner has in the application, prayed for grant of maintenance allowance for herself and her daugh­ter. The respondent has filed Hindu Marriage Petition No. 457 of 1996 before the Family Court at Agra seeking a decree of divorce under Section 13 of the Hindu Marriage Act, 1955. Though this petition, the petitioner seeks transfer of the Hindu marriage petition from the Family Court at Agra to Delhi.

4. Since no objections have been filed to this petition and no one appears to oppose the petition either, without expressing any opinion on the correctness or otherwise of the allegations made in this appli­cation, we consider it appropriate to allow this application and transfer Hindu Marriage Petition No. 457 of 1996 from the Family Court at Agra to the Court of the District Judge, Delhi, who may either deal with the petition himself or assign it to any other court of competent jurisdiction under him. The Family Court at Agra is directed to forth­with send the record of the case title Hari Chand v. Savitri (Hindu Marriage Petition No. 457 of 1996) pending before it to the trans­feree court without any delay. The transferee court shall issue notice to the parties and dispose of the petition expeditiously. No costs.

(S.P.) Application allowed.

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