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2007 DIGILAW 1250 (SC)

Sangeeta Gera v. Sanjeev Gera

2007-08-20

B.N.AGRAWAL, TARUN CHATTERJEE

body2007
ORDER : 1. Heard the learned counsel for the parties. Prayer has been made for transfer of MJ Petition No. A-425 of 2006, titled as Sanjeev Gera v. Sangeeta Gera pending before the Family Court, Bandra (Mumbai), within the State of Maharashtra, to a court of competent jurisdiction either at Delhi or Noida. 2. It has been stated in the petition that Civil Suit No. 402 of 2006 pending before the Civil Judge (Senior Division), Noida, Gautam Budh Nagar, within the State of Uttar Pradesh, which was filed by the petitioner against the respondent, should also be transferred for being heard along with the aforesaid case at Delhi. It has further been stated that Petition No. 9 of 2007 filed by the wife under Section 125 of the Code of Criminal Procedure (for short “the Code”) against the husband, which is pending in the Court of the Judicial Magistrate, Noida, Gautam Budh Nagar, within the State of Uttar Pradesh should also be transferred to the court of competent jurisdiction at Delhi. 3. In the facts and circumstances of the case, we are of the view that all the three cases aforementioned are fit to be transferred to Delhi. 4. Accordingly, Civil Suit No. 402 of 2006, pending before the Civil Judge (Senior Division), Noida, Gautam Budh Nagar, within the State of Uttar Pradesh and MJ Petition No. 425 of 2006 titled Sanjeev Gera v. Sangeeta Gera pending before the Family Court, Bandra, (Mumbai), within the State of Maharashtra, are transferred to the Court of the District Judge, Tis Hazari Courts, Delhi, who shall either try the cases himself or make over the same for trial to any other court of competent jurisdiction. Petition No. 9 of 2007 filed by the wife under Section 125 of the Code, pending in the Court of the Judicial Magistrate, Noida, Gautam Budh Nagar, within the State of Uttar Pradesh, is transferred to the Court of the Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi, who shall either try the case himself or make over the same for trial to any other Magistrate of competent jurisdiction. 5. The transfer petition is, accordingly, allowed.