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SUPREME COURT OF INDIA
M.B. Shah, D.M. Dharmadhikari, JJ.
Rajesh Rani - Petitioner
Versus
Tej Pal - Respondent
Transfer Petition (C) No. 131 of 2002
Decided On : 09-08-2002
Transfer Petition - Hindu Marriage Act - The court transferred a pending petition under Section 13 of the Hindu Marriage Act from one district to another based on the petitioner wife's residence, providing the option for the case to be tried by the District Judge in Karnal or assigned to any competent court for trial.
Fact of the Case:
The petitioner wife is staying at Village Balrangran, Tehsil and District Karnal (Haryana). Petition No. 36 of 2000 filed by the respondent husband titled Tej Pal v. Rajesh Rani under Section 13 of the Hindu Marriage Act is pending before the Court of District Judge, Una (H.P).
Finding of the Court:
The court transferred the case to the Court of District Judge, Karnal, or any competent court for trial based on the petitioner wife's residence.
Issues: Transfer of pending petition under Section 13 of the Hindu Marriage Act to a different district based on the petitioner's residence.
Ratio Decidendi: The transfer was based on the petitioner wife's residence at Village Balrangran, Tehsil and District Karnal (Haryana), in accordance with the provisions of the Hindu Marriage Act.
Final Decision: The transfer petition was disposed of, and there was no order as to costs.
ORDER :
M.B. Shah, J.
Despite service none appears for the respondent.
2. Heard the learned counsel for the petitioner.
3. Considering the facts stated in the transfer petition and the fact that the petitioner wife is staying at Village Balrangran, Tehsil and District Karnal (Haryana), Petition No. 36 of 2000 filed by the respondent husband titled Tej Pal v. Rajesh Rani under Section 13 of the Hindu Marriage Act pending before the Court of District Judge, Una (H.P.) is transferred to the Court of District Judge, Karnal. The District Judge may either try the same or assign it to any competent court for trial.
4. The transfer petition stands disposed of accordingly.
5. There shall be no order as to costs.
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