NARESH ALIAS KAVITA Vs. SUBHASH CHANDER

JUDGEMENT

(1.) In this application under Section 24 of the Civil Procedure Code for transfer filed by the applicant-wife, the respondent was issued notice, who has chosen not to appear in spite of the fact that he was duly served.

(2.) It has been averred in the application for transfer that the petition filed by the applicant for divorce is under consideration before the District Judge, Rohtak, and, therefore, the present petition filed under Section 9 of the Hindu Marriage Act by the respondent-husband be withdrawn from the Court of the District Judge, Hissar and it be transferred to a Court of competent jurisdiction in Rohtak.

(3.) For the reasons given in the application for transfer and for the reason that the respondent has chosen not to appear, the present transfer application deserves to be allowed particularly when another matter between the same parties is pending for determination before the District Judge, Rohtak. The case is, therefore, ordered to be withdrawn from the Court of the District Judge, Rohtak. Both the petitions would be heard by the District Judge, Rohtak.