ANJALI JAIN Vs. HARISH JAIN

JUDGEMENT

(1.) This is a petition filed by the petitioner- wife seeking transfer of a divorce petition (Suit no. 201/99) filed against her by the respondent-husband under Section 13 of the Hindu marriage Act, 1955, which is pending in the court of Civil Judge (Sr. Division) , Haridwar, to a Court of competent jurisdiction at Delhi, counter and rejoinder affidavits have been filed. We have heard learned counsel for the parties.

(2.) Without expressing any opinion on the merits of the controversy or the allegations and counter-allegations made in the pleadings, we find that a case for transfer of Suit No. 201/ 99 pending in the Court of Civil Judge (Sr. Division) , haridwar has been made out.

(3.) At this stage learned counsel for the parties agree that the divorce petition may be transferred to Family Court at Agra instead of delhi as prayed for by the petitioner, for its disposal in accordance with law. We, therefore, allow this transfer petition and direct Suit No. 201/99 entitled Harish Join vs. Smt. Anjali jain shall stand withdrawn from the Court of civil Judge (Sr. Division) , Haridwar. The suit is transferred to the Court of learned District judge at Agra, who may either dispose of the case himself or assign the same Court of competent jurisdiction under him. The learned Civil judge (Sr. Division) , Haridwar shall send the record of Suit No. 201/99 to the transferee court without any delay. The Transferee Court at Agra shall issue notice to the parties and dispose of the matter expeditiously. The transfer petition is allowed. No costs.