Kusum Vs. Pritpal Singh [2008] INSC 1236 (28 July 2008)

Judgment

CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.758 OF 2007 KUSUM Petitioner(s) VERSUS PRITPAL SINGH Respondent(s)

ORDER

1.     Heard petitioner's counsel and counsel for the respondent.

2.     In this case, the petitioner wife seeks the transfer of HMA No.667 of Hazari Courts, Delhi, to a competent Court at Chandigarh. Though the respondent was served with a notice, he had not chosen to enter his appearance.

3.     The petitioner-wife contends that she is residing at Chandigarh and so she is unable to come to Delhi every time due to her financial position. In view of the facts and circumstances, the HMA No.667 of 2006 titled as Pritpal directed to be transferred to the District Judge, Chandigarh to be tried by himself or entrust it to be tried by the court of competent jurisdiction. The transferee court shall transmit all the records to the transferred court. The transfer petition is allowed accordingly.

...............CJI. (K.G. BALAKRISHNAN)

.................J. (P. SATHASIVAM)

NEW DELHI;

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