SARITA DEVI Vs. DEEPAK KUMAR GUPTA

JUDGEMENT

(1.) This petition has been filed by the petitioner-wife seeking transfer of a divorce Petition, filed under Section 13 of the Hindu Marriage Act by the respondent- husband, pending in the Court of the learned Additional District Judge, Delhi, to a court of competent jurisdiction at hissar.

(2.) Parties were married on 18th january, 1987 and a mala male child was bom to them on 13/03/1989. That child is, admittedly, living with the petitioner-wife. The petitioner has filed a case under Section 498- A, I. P. C. etc. (F. I. R. 303 of 1997, police Station, Tohana). That case was pending before the Court of Additional Chief judicial Magistrate, Tohana. At the instance of the respondent, that case was transferred by the High Court of Punjab and Haryana (in Cri. M. No. 32552-M of 1999) , to be tried by the learned Chief Judicial magistrate, Hissar.

(3.) Keeping that fact in view, but without commenting upon the merits of the controversy between the parties in the matrimonial case or the allegations and counter- allegations made in the petition and in the counter-affidavit filed in this Court, we consider it appropriate to allow this petition and withdraw H. M. Case No; 260 of 2000 (titled Deepak Kumar Gupta v. Mrs. Sarita devi) , pending in the court of learned Additional District Judge, Delhi and to transfer it to the Court of the learned District judge, Hissar, who may either try the case himself or assign it to any other court of competent jurisdiction under him. We make an order accordingly.