KAUSHALYA SINGHA Vs. ANIL KUMAR SINGHA

JUDGEMENT

(1.) Mrs. Kaushalya Singha, petitioner was married to Lt. Col. Anil Kumar Singha (respondent) according to Christian rites. The marriage took place on 18th September, 1953 at Bombay. No children were born out of the said wedlock.

(2.) Petitioner, brought a petition under Section 22 read with Section 23 of the Indian Divorce Act (hereinafter referred to as an 'Act') for a decree for judicial separation on the ground of cruelty, desertion, adultery and bigamy. She also brought an application under Section 36 of the Act for grant of maintenance. Both the applications are contested by the respondent.

(3.) On 30th January, 1982, the present application under Section 24 of the Code of Civil Procedure (in short 'Code') was brought by the petitioner for transfer of both the petitions for judicial separation and the one for grant of maintenance to the court of District Judge, Delhi. The reasons given for such prayer for transfer are briefly stated as follows : Section 23 of the Act says that an application for judicial separation can be filed in the District Court or the High Court. Section 45 of the said Act reads as follow :