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1997 Supreme(SC) 1297

SUPREME COURT OF INDIA
S.B.Majmudar : S.P.Kurdukar
Seema Shrinidhi
Versus
Praveen Kumar Tiwari
Case No. : 827 of 1996
Date of Decision : 9/29/97

(1) ORDER In this transfer petition moved on behalf of the wife for transferring the divorce petition of the respondent-husband pending in the court of District Judge, Bokaro, Bihar State to the District court at Delhi, the parties have filed a copy of the memorandum of settlement along with a copy of the petition for dissolution of the marriage under Section 13-B(1 and (2 of the Hindu Marriage Act. Both the parties have agreed that the marriage between them should be dissolved by mutual consent under Section 13-B(1 and (2 of the Hindu Marriage Act. We have taken the copies of the petition and the memorandum of settlement on record. In view of this development we direct transfer of the respondents divorce petition from the court of District Judge, Bokaro, Bihar State to the District court at Delhi. The parties are given b liberty to file petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act before the transferee court at Delhi wherein appropriate orders will then be passed by the District court at Delhi. The District Judge, Bokaro, shall send all the necessary papers to the transferee court within four weeks from the date of receipt of a copy of this order at its end. Office to send a copy of this order to the court of District Judge, Bokaro for information and necessary action. The parties shall appear before the District court at Delhi on 17/11/1997. In view of the aforesaid order, the Bank Draft of Rs. 4 lakhs (Rupees four lakhs) which the respondent has agreed to make available to the petitioner towards full and final satisfaction of her claims should be produced before the transferee court at Delhi. The transfer petition is disposed of accordingly. No costs.

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