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2005 Supreme(SC) 657

Supreme Court Of India
S.N. VARIAVA AND D.M. DHARMADHIKARI, JJ.
Transfer Petition (C) No. 100 of 2003
ANJU- Petitioner
Versus
PRAMOD KUMAR- Respondent
With
Transfer Petition (Crl.) No. 122 of 2004
PRAMOD KUMAR- Petitioner
Versus
ANJU SONKAR - Respondent
Transfer Petition (C) No. 100 of 2003 with TP (Crl.) No. 122 of 2004,
Decided on April15, 2005

Headnote:

Civil Procedure Code, 1908, Section 25 - Matrimonial dispute - Counter Transfer Petitions- Case filed by husband sought to be transferred from the Family Court, Agra, U.P. to the Family Court Nainital, Uttaranchal -Husband also filed Transfer Petition for transfer of criminal case filed by wife from the Family Court, Nainital to the Family Court at Agra- As both parties expressed apprehension to go to the other place, both cases transferred to District Judge at Bareilly (U.P.) who shall assign them to an appropriate Court. [Paras 2 and 3]

ORDER

1. These two counter transfer petitions have been filed one by the wife and the second by the husband.

2. Transfer Petition No. 100 of 2003 has been filed by the wife for transfer of case being HMP No. 560 of 2002 titled Pramod Kumar v. Anju from the Family Court, Agra, U.P. to the Family Court, Nainital, Uttaranchal whereas Transfer Petition (Criminal) No. 122 of 2004 has been filed by the husband for transfer of Case No. 112 of 2002 titled Anju v. Pramod Kumar from the Family Court, Nainital (Uttaranchal) to the Family Court at Agra.

3. In our view, looking to the facts and circumstances of the case it will be equitable if the aforesaid cases are tried at one place. As both parties have expressed apprehension to go to the other place, it would be appropriate if the cases are tried at a neutral place. We, therefore, transfer the abovementioned cases to the District Judge at Bareilly (U.P.) who shall assign them to an appropriate court. With these directions, the transfer petitions stand disposed of.

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