LATA Vs. BRIJENDRA KUMAR

JUDGEMENT

(1.) THIS is a petition, moved under Section 24 of the Code of Civil Procedure, 1908, for transfer of Matrimonial Case No. 121 of 2004 filed under Section 13 of Hindu Marriage Act, 1955.

(2.) HEARD learned Counsel for the parties and perused the affidavits and counter affidavit filed by the parties.

(3.) BRIEF facts of the case are that the said parties entered into wedlock on 15.11.1992 at Meerut and had a son of about three years age. It appears that earlier respondent No. 1 instituted proceeding under Section 13 of the Hindu Marriage Act, 1955 before the Judge, Family Court, Ajmer, which was registered as Case No. 253 of 1995. However, the ex parte decree passed in said petition appears to have been set aside. And, this time the petition under the same Act is moved before the Judge, Family Court, Haridwar. Alleging that applicant (wife) had difficulty in attending the Court at Haridwar, she had sought transfer of the case to the Judge, Family Court at Dehradun.