Full Judgment Text
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CASE NO.:
Transfer Petition (civil) 41 of 2007
PETITIONER:
NEETI CHATTERJI
RESPONDENT:
RAHUL CHATTERJI & ANR
DATE OF JUDGMENT: 08/01/2008
BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN & J.M. PANCHAL
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION(C) NO. 41 OF 2007
Heard learned counsel on either side.
This petition is filed by the petitioner-wife seeking transfer of divorce pe
tition filed
by her husband before the Family Court, Mumbai at Bandra to a Court of Competent
Jurisdiction at Delhi.
2. During the pendency of the transfer petition, the parties have entered into
a
compromise deed on 4.1.2008. They have filed the said deed with a compromise petition
and two supporting affidavits on 7.1.2008. The parties have agreed to dissolve their
marriage by mutual consent under Section 13 B of Hindu Marriage Act, 1955. They have
prayed that the pending matters be transferred to this Court so that this Court can dispose
of
the matters in terms of the compromise.
3. It may not be appropriate to get the pending cases transferred to this Court
for
disposal. We, therefore, direct that the Marriage Petition No.1725 of 2006 titled as Rahul
Chatterji vs. Neeti Chatterji pending in the Family Court Mumbai at Bandra be transferred t
o
the District Judge, Delhi.
...
2/-
-2-
The Family Court at Mumbai is directed to send all records relating to the case to the Distr
ict
Judge, Delhi, without delay. The parties would be at liberty to move the District Court, De
lhi
for divorce by mutual consent. In the event of such application the Court would pass
appropriate orders for divorce.
4. The parties will appear before the District Judge, Delhi on 18.2.2008 withou
t notice
and take further orders. The District Judge, Delhi, may if he so deems fit, assign the matt
er
to any other appropriate court for disposal, on parties’ appearance on 18.2.2008.
5. copies of this order be sent to the Family Court, Mumbai at Bandra and to th
e District
Judge, Delhi.
The transfer petition is allowed accordingly.