ORDER

1. THE PETITIONER WIFE HAS FILED THIS PETITION SEEKING TRANSFER OF CASE NO. 146 OF 2002 TITLED DILIP CHAUDHARY V. USHA CHAUDHARY PENDING IN THE COURT OF DISTRICT JUDGE, MAIDA (WEST BENGAL) TO THE COURT OF DISTRICT JUDGE, DEHRADUN (UTTARANCHAL).

2. THE RESPONDENT HUSBAND HAS FILED A PETITION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 (HEREINAFTER REFERRED TO AS "THE ACT") SEEKING DISSOLUTION OF MARRIAGE BY WAY OF DIVORCE. EARLIER THE RESPONDENT HAD FILED A PETITION UNDER SECTION 9 OF THE ACT SEEKING RESTITUTION OF CONJUGAL RIGHTS. THE SAID PETITION WAS ORDERED TO BE TRANSFERRED BY THIS COURT IN TRANSFER PETITION NO. 855 OF 1999 FILED BY THE PETITIONER WIFE VIDE THIS COURTS ORDER DATED 31-3-2000. SINCE THE EARLIER PETITION HAD BEEN TRANSFERRED AT THE INSTANCE OF THE PETITIONER WIFE WE SEE NO REASON NOT TO GRANT SIMILAR RELIEF TO HER AND TRANSFER CASE NO. 146 OF 2002 FROM THE COURT OF DISTRICT JUDGE, MAIDA (WEST BENGAL) TO THE COURT OF DISTRICT JUDGE, DEHRADUN (UTTARANCHAL).

3. ACCORDINGLY, CASE NO. 146 OF 2002 TITLED DILIP CHAUDHARY V. USHA CHAUDHARY PENDING IN THE COURT OF DISTRICT JUDGE, MAIDA (WEST BENGAL) IS ORDERED TO BE TRANSFERRED TO THE COURT OF DISTRICT JUDGE, DEHRADUN (UTTARANCHAL) WHO, ON THE TRANSFER OF THE CASE MAY EITHER KEEP IT ON HIS OWN BOARD OR ASSIGN IT TO ANOTHER COURT OF COMPETENT JURISDICTION.

4. THE DISTRICT JUDGE, MAIDA (WEST BENGAL) IS DIRECTED TO REMIT THE CASE FILE IMMEDIATELY TO THE DISTRICT JUDGE, DEHRADUN (UTTARANCHAL).