SHAKUNTALA MODI MS Vs. OM PRAKASH BHARUKA

JUDGEMENT

(1.) The petitioner and the respondent were wife and husband, and got three children out of the wedlock. The marriage has been dissolved by a decree of divorce. The parties are now litigating for the custody of their children.

(2.) By the present application the petitioner has prayed for transfer of a case instituted by the respondent before Guardian Judge, Delhi, to the Court of Distt. Judge, Dibrugarh, where an earlier application filed by the petitioner is pending. It is stated on behalf of the petitioner that the two proceedings should be heard by the same Court and that for the reasons mentioned in the petition, the appropriate place is Dibrugarh and not Delhi.

(3.) The respondent has appeared in person and has contended that having regard to the circumstances mentioned in his counter-affidavit, the transfer of the case from Delhi will cause great hardship to him. The parties have made a large number of allegations in their affidavits touching the merits of their respective claims for custody of the children. We are not concerned with these statements at this stage as the matter has to be examined and decided on merits when the cases are heard in Court below.