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2003 DIGILAW 603 (SC)

MANDEEP KAUR v. KAMALJEET SINGH

2003-04-21

ASHOK BHAN, R.C.LAHOTI

body2003
ORDER 1. THE RESPONDENT HUSBAND HAS FILED A PETITION UNDER SECTIONS 13(1)(IA) AND (IB) OF THE HINDU MARRIAGE ACT, 1955 FOR SEEKING DECREE OF DIVORCE BEING HMA NO. 180 OF 2002 BEFORE THE ADDITIONAL DISTRICT JUDGE, KARKARDOOMA, DELHI. THE PETITIONER WIFE IS RESIDING AT AMRITSAR. THIS IS A PETITION FILED BY THE PETITIONER WIFE SEEKING TRANSFER OF THE ABOVESAID PROCEEDINGS FROM THE COURT OF ADDITIONAL DISTRICT JUDGE, KARKARDOOMA, DELHI TO THE DISTRICT JUDGE, AMRITSAR. 2. HAVING HEARD THE LEARNED COUNSEL FOR THE PARTIES, BUT WITHOUT EXPRESSING ANY OPINION ON THE ALLEGATIONS AND COUNTER-ALLEGATIONS MADE AGAINST ONE ANOTHER, WHICH ARE SUB JUDICE IN THE MAIN PROCEEDINGS, WE ARE OF THE OPINION THAT IT WILL BE FOR BETTER CONVENIENCE OF THE PARTIES AND IN THE INTEREST OF JUSTICE IF THE PROCEEDINGS ARE DIRECTED TO BE TRANSFERRED FROM THE COURT OF ADDITIONAL DISTRICT JUDGE, DELHI TO THE COURT OF DISTRICT JUDGE, JALANDHAR, PUNJAB. THE RESPONDENT HAS EXPRESSED SOME RISK TO HIS PERSON AND SAFETY IF HE IS CALLED UPON TO GO TO AMRITSAR FOR CONTESTING THE SUIT. THE APPREHENSION CANNOT BE JUST BRUSHED ASIDE AND IGNORED. IN OUR OPINION, IT WOULD MEET THE ENDS OF JUSTICE IF THE MATTER IS TRANSFERRED TO JALANDHAR AND NOT AMRITSAR. 3. ACCORDINGLY, THE TRANSFER PETITION IS ALLOWED. IT IS DIRECTED THAT HMA NO. 180 OF 2002 TITLED "KAMALJEET SINGH V. MANDEEP KAUR" PENDING IN THE COURT OF ADDITIONAL DISTRICT JUDGE, KARKARDOOMA, DELHI SHALL STAND TRANSFERRED TO THE COURT OF DISTRICT JUDGE, JALANDHAR, PUNJAB. 4. THE ADDITIONAL DISTRICT JUDGE, KARKARDOOMA, DELHI SHALL, SOON 0 COMMUNICATION OF THIS ORDER, TRANSFER THE RECORD OF PROCEEDINGS IN HMA NO. 180 OF 2002 TITLED AS "KAMALJEET SINGH V. MANDEEP KAUR" TO THE COURT DISTRICT JUDGE, JALANDHAR, PUNJAB, WHO MAY TRY THE PETITION HIMSELF OR M OVER THE SAME FOR HEARING AND DISPOSAL IN ACCORDANCE WITH LAW TO A COURT COMPETENT JURISDICTION SUBORDINATE TO HIM. 5. THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL ARE DIRECTED TO APPEAR BEFORE THE COURT OF DISTRICT JUDGE, JALANDHAR, PUNJAB ON 27-5-2003. 6. NO ORDER AS TO THE COSTS.