Rajni Vaid Vs. Naveen
Vaid  INSC 936 (4 May 2009)
JURISDICTION CIVIL APPEAL NO. 3175 OF 2009 (Arising out of SLP(C) No.
19578/2008) Rajni Vaid .. Appellant(s) Versus Naveen Vaid .. Respondent(s)
ORDER Leave granted.
Challenge in this
appeal is to order dated 28th May, 2008, passed by the High Court of Punjab
& Haryana in T.A. No.188 of 2008. By the impugned order, a learned Single
Judge of the High Court has dismissed the petition filed by the appellant under
Section 24 read with 151 of the Code of Civil Procedure seeking transfer of the
case titled Naveen Vaid vs. Rajni Vaid pending in the Court of Additional
District Judge, Panipat to the Court of competent jurisdiction at Gurgaon.
The sole factor which
has weighed with the High Court in dismissing the application is that the
respondent-husband has never insisted upon the personal presence of the wife on
every date of hearing.
We have heard learned
counsel for the parties.
appearing for the respondent-husband very fairly states that the respondent has
no objection to the transfer of the afore-mentioned case to any Court at
appeal is allowed; the impugned order is set aside and it is ordered that suit,
being H.M.A. No. 41 of 2008, filed under Section 9 of the Hindu Marriage Act,
1955, pending in the Court of Additional District Judge, Panipat shall stand
transferred to the Court of District and Sessions Judge, Gurgaon, who may
assign it to a Court dealing with matrimonial cases/family Court.
The appeal stands
disposed of accordingly.