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2000 Supreme(SC) 6

2001(3) Supreme 551.1
SUPREME COURT OF INDIA
Dr. A.S. Anand, CJI., R.C. Lahoti, J.
Renu Gautam -Petitioner
versus
Vinod Gautam -Respondent
Transfer Petition (C) No. 820 of 1999
Decided on 3-1-2000

Headnote:Civil Procedure Code, 1908-Section 25-Divorce petition by husband pending before Court at Faridabad-Transfer petition by wife-Without going into allegations made in Transfer Petition and rebuttal in counter, divorce petition ordered to be transferred to the Court of Distt. Judge Delhi. (Para 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.

***************

Parallel Citations of other Journals :

Renu Gautam v. Vinod Gautam, 2001(3) Supreme 551.

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