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2004 Supreme(SC) 924
SUPREME COURT OF INDIA
SHIVARAJ V. PATIL, B.N. SRIKRISHNA, JJ.
VIMI MATHUR - PETITIONER
VERSUS
VIKAS MATHUR AND OTHERS - RESPONDENTS
TRANSFER PETITION (C) NO. 796 OF 2003,
DECIDED ON AUGUST 23, 2004
Headnote:
Civil Procedure Code, 1908 Section 25 Transfer of matrimonial dispute- In view of the fact that two other cases between the parties were already pending in the courts at Patna matrimonial case titled Vikas Mathur v. Vimi Mathur, pending in the Court of Vth Additional District Judge, Ghaziabad, Uttar Pradesh, transferred to the District Judge, Patna, Bihar.[Paras 1 and 2 ]
ORDER
1. IN VIEW OF THE FACT THAT TWO OTHER CASES BETWEEN THE PARTIES ARE ALREADY PENDING IN THE COURTS AT PATNA, WE CONSIDER IT APPROPRIATE TO ALLOW THIS TRANSFER PETITION. THE LEARNED COUNSEL FOR THE RESPONDENTS ALSO HAS NO OBJECTION TO ADOPT SUCH A COURSE, HAVING REGARD TO THE FACT STATED ABOVE.
2. UNDER THE CIRCUMSTANCES, THE TRANSFER PETITION IS ALLOWED AND MATRIMONIAL CASE NO. 31 OF 2002, TITLED AS VIKAS MATHUR V. VIMI MATHUR, PENDING IN THE COURT OF VTH ADDITIONAL DISTRICT JUDGE, GHAZIABAD, UTTAR PRADESH, SHALL STAND TRANSFERRED TO THE DISTRICT JUDGE, PATNA, BIHAR, WHO MAY EITHER HEAR THE CASE HIMSELF OR TRANSFER IT TO A COURT OF COMPETENT JURISDICTION.
3. NO COSTS.
