GAGANDEEP KAUR Vs. J S BINDRA

JUDGEMENT

(1.) Parties were married on 16/08/1997. The petitioner, on 2nd june, 1999, filed a complaint against the respondent in the Crime Against Women cell at Delhi alleging offences under section 498-A and 406, IPC. The respondent-husband has filed a divorce petition (Case No. 178-A/99 - J. S. Bindra v. Gangandeep Kaur) in the court of the learned District Judge, Shajahanabad, bhopal, M. P. under Section 13 of the hindu Marriage Act. The wife-petitioner seeks transfer of that case to Delhi.

(2.) We have heard learned counsel for the parties and perused the record. That the criminal complaint is pending in Delhi in which the respondent is required to appear has not been disputed before us. Without expressing any opinion on the merits of the controversy between the parties, we find it appropriate to allow the petition and accordingly direct that the matrimonial case filed by the respondent which is pending in the court of the learned District Judge, shajahanabad be withdrawn from that court and transferred to the file of the learned District Judge, Delhi. We make an order accordingly.

(3.) The learned District Judge, shajahanabad shall send the record of the case to the learned District Judge, Delhi expeditiously. The learned District Judge, delhi, the transferee court, shall either dispose of the petition himself or assign it to any other court of competent jurisdiction under him. The transferee court shall expeditiously dispose of the case.