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SUPREME COURT OF INDIA
R.C. Lahoti, Brijesh Kumar, JJ.
Anju Ohri - Petitioner
Versus
Varinder Ohri - Respondent
Transfer Petition (C) No. 606 of 2001
Decided On : 09-08-2002
Transfer petition - Hindu Marriage Act, 1955 - The court allowed the transfer petition filed by the respondent husband under Section 13 of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce against the petitioner wife, directing the proceedings to be transferred from Chandigarh to Delhi for better convenience of the parties and in the interest of justice.
Fact of the Case:
The respondent husband filed a petition for dissolution of marriage by a decree of divorce against the petitioner wife under Section 13 of the Hindu Marriage Act, 1955. The petitioner wife is residing at Delhi.
Finding of the Court:
The court, without expressing any opinion on the allegations and counter-allegations made against one another, allowed the transfer petition, directing the proceedings to be transferred from Chandigarh to Delhi for better convenience of the parties and in the interest of justice.
Issues: The issue was the transfer of proceedings from Chandigarh to Delhi for the dissolution of marriage petition.
Ratio Decidendi: The court found it in the interest of justice and for the convenience of the parties to transfer the proceedings from Chandigarh to Delhi, without expressing any opinion on the allegations and counter-allegations made against one another.
Final Decision: The transfer petition was allowed, and the proceedings were directed to be transferred from Chandigarh to Delhi for hearing by a competent court thereat.
ORDER :
R.C. Lahoti, J.
The respondent husband has filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce against the petitioner wife before the Additional District Judge, Chandigarh. The petitioner wife is residing at Delhi.
2. Having heard the learned counsel for the parties, but without expressing any opinion on the allegations and counter-allegations made against one another, which are sub judice in the main proceedings, we are of the opinion that it will be for better convenience of the parties and in the interest of justice if the proceedings are directed to be transferred from Chandigarh to Delhi to be heard by a competent court thereat. Accordingly, the transfer petition is allowed. It is directed that Petition No. Nil of 2001 titled Varinder Ohri v. Anju Ohri pending in the Court of Shri R.C. Godara, Additional District Judge, Chandigarh shall stand transferred to the District Judge, Delhi, who may try the petition himself or make over the same for hearing and disposal in accordance with law to a court of competent jurisdiction subordinate to him. The Additional District Judge, Chandigarh shall, soon on communication of this order, transfer the record of proceedings in Petition No. Nil of 2001 titled Varinder Ohri v. Anju Ohri to the District Judge, Delhi.
3. The parties through their respective counsel are directed to appear before the District Judge, Delhi on 23-9-2002.
4. No order as to the costs.
Transfer petition allowed.
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