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1999 Supreme(SC) 945

S.P.BHARUCHA, S.S.M.QUADRI
Archana Rastogi – Appellant
Versus
Rakesh Rastogi – Respondent


S.P.BHARUCHA, J.

(1) THIS is a transfer petition filed by the wife for transfer of matrimonial proceedings taken by the husband in the Court of the District Judge, Chandigarh to the Court of the District Judge at Delhi. The wife stays in Delhi along with her two young children. She has adopted proceedings for maintenance in Delhi. She has health problems. There is really no defence to the transfer petition in the counter-affidavit filed by the husband.

(2) ACCORDINGLY, the transfer petition is allowed. HMA Case No. 18-A of 1997 pending in the Court of the District Judge, Chandigarh shall stand transferred to the Court of the District Judge at Delhi, who shall hear the same himself or assign it for trial to the appropriate court.

(3) NO order as to costs.

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