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1999 DIGILAW 964 (SC)

Shalini Vig v. Major Ajay Kumar Vig

1999-08-23

A.S.ANAND, N.S.HEGDE, R.C.LAHOTI

body1999
(1) THIS is a transfer petition filed by the wife seeking transfer of matrimonial proceedings filed by the respondent husband under Section 9 of the Hindu Marriage Act being OP No. 10 of 1998 (Capt. Ajay Kumar Vig v. Shalini Vig) pending in the Court of Subordinate Judge, Nilgiris, Udhogamandalam, Tamil Nadu. The submission of the learned counsel for the petitioner, that none of the parties are now residing at Wellington and, therefore, the transfer of the case to Delhi where already a petition filed by the petitioner is pending would cause no inconvenience to cither of the parties, is not controverted. (2) UNDER these circumstances, without expressing any opinion on the merits of the case, we allow this petition and withdraw OP No. 10 of 1998 (Capt. Ajay Kumar Vig v. Shalini Vig) pending in the Court of Subordinate Judge, Nilgiris. Udhogamandalam, Tamil Nadu and transfer it to the file of the District Judge, Delhi who may either try the petition himself or assign it to a court of competent jurisdiction under him. (3) THE learned Subordinate Judge, Nilgiris shall send the record of the case to the transferee court without any delay. The transferee court shall issue notice to the parties and expeditiously dispose of the matrimonial petition. (4) THE transfer petition is, accordingly, allowed. No costs.