SUNITA BALI Vs. ASHOK BALI

JUDGEMENT

(1.) ORDER :- This is a petition for transfer of the Matrimonial Petition, 31 of 1986 of the Family Court, Jaipur, to the City Civil Court, Bombay, in its matrimonial jurisdiction.

(2.) Briefly stated the facts of the case are that on or about 11th Dec. 1985, a matrimonial petition was filed at Bombay in the City Civil Court in its matrimonial jurisdiction. That petition bears No. 1165 of 1985. The said petition was filed under S.13, Hindu Marriage Act, 1955, for a decree of divorce (hereinafter referred to as Bombay petition). This petition was filed by the petitioner (wife) against her husband, non-petitioner. The non-petitioner (husband) filed a petition on or about 12th Dec. 1985, in the Family Court, Jaipur, for divorce under S.13, Hindu Marriage Act, 1955, on the ground of desertion (bearing Matrimonial Petition No. 31 of 1986; hereinafter referred as Jaipur Petition). Both the Bombay petition and the Jaipur petition are for divorce under S.13 of the said Act and are governed by the provisions of the Hindu Marriage Act, 1955.

(3.) An application under S.21A, Hindu Marriage Act, 1955 read with S.23, Civil P.C. has been filed by the petitioner for transferring the Jaipur petition to the city Civil Court, Bombay, in its matrimonial jurisdiction. There is no dispute between the parties that Jaipur petition was filed subsequently to the filing of the Bombay petition. S.21A, Hindu Marriage Act, 1955, reads as under :-