Research › Browse › Judgment

Supreme Court of India · body

1999 DIGILAW 1560 (SC)

Vinay Pandey v. Roshan Kumar Tiwari

1999-12-10

A.S.ANAND, N.S.HEGDE, S.RAJENDRA BABU

body1999
( 1 ) THIS is an application seeking transfer of Matrimonial, case No. 255 of 1997 filed by the respondent under Section 9 of the Hindu Marriage Act, titled Roshan kumar Tiwari v. Vinay Pandey and anr. and pending before the Family court at Gorakhpur. ( 2 ) IT appears that the parties were married on 2/6/1996 but thereafter the relations between the parties became strained. The petitioner, apart from filing an FIR at Police station Bhajanpura on 25/06/1997, under Sections 406/498 Indian Penal Code, has also filed a petition under Section 125 Criminal Procedure Code. claiming maintenance from the respondent. That application was filed on 1/9/1997 and is pending before the Additional chief Metropolitan Magistrate, Delhi. It is stated that the petitioner is also living in Delhi with her parents. ( 3 ) AFTER hearing learned counsel for the parties and keeping in view the fact that the two other cases, one under Section 125 cr. P. C. and the criminal case arising out of FIR No. 420 of 1997 are pending in Delhi, it appears appropriate to us to withdraw matrimonial Case No. 255 of 1997, titled roshan Kumar Tiwari v. Smt. Vinay pandey and Anr. from Family court at gorakhpur and transfer the same for its disposal in accordance with law to the family court at New Delhi. We make an order accordingly. The learned Presiding officer of the Family court at Gorakhpur shall send the record of the case to the transferee court without delay. ( 4 ) IT would be appropriate that the petition filed by the petitioner under Section 125 Cr,p. C. , which is pending before the Additional Chief Metropolitan magistrate, Delhi be also tried by the family court at New Delhi. We withdraw that petition titled Smt. Vinay pandey v. Roshan Tiwari under Section 125 Criminal Procedure Code. from the court of the learned Additional Chief Metropolitan magistrate, Delhi, and transfer the same to the Family court at New Delhi for its disposal. ( 5 ) THE transferee court shall dispose of both the matters expeditiously. ( 6 ) IT is clarified that this order shall not come in the way of the parties to arrive at any amicable settlement before the family court at New Delhi. ( 5 ) THE transferee court shall dispose of both the matters expeditiously. ( 6 ) IT is clarified that this order shall not come in the way of the parties to arrive at any amicable settlement before the family court at New Delhi. ( 7 ) LEARNED Counsel for the parties shall cause their respective clients to put in appearance before the Family court at new Delhi on 5. 2. 2000. ( 8 ) THE transfer petition is accordingly allowed. No costs.