2009 ALL SCR 387


Ratna Praveen Tiwari Vs. Praveen Pratap Tiwari

Transfer Petition (C.) No.698 of 2008

17th November, 2008

Hindu Marriage Act (1955), S.13(1)(ia) - Civil P.C. (1908), S.24 - Transfer of case - Divorce petition filed by husband at Palghar, Thane - Wife now staying with her parents at Lucknow - Wife seeking transfer of case to Lucknow - In facts and circumstances of case, petition pending at Palghar, Thane, directed to be transferred to Family Court at Lucknow. (Paras 2, 3)


JUDGMENT :- Heard both sides.

2. Petitioner is the wife. The respondent-husband had filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, which is pending in the Court of Civil Judge (S.D.), Palghar, District Thane (Maharashtra). The petitioner is now staying with her parents and she seeks transfer of the case. The respondent was served with the notice and is represented by counsel. He has raised certain objections for the transfer of the case.

3. In the facts and circumstances of the case, the Petition No.79/2006 entitled Praveen Pratap Tiwari Vs. Mrs. Ratna Praveen Tiwari, pending before the Civil Judge (S.D.), Palghar, District Thane (Maharashtra) is directed to be transferred to the Family Court at Lucknow.

All the records be transmitted to the transferred court.

The transfer petition is allowed accordingly.

Petition allowed.