Full Judgment Text
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CASE NO.:
Appeal (civil) 167 of 2006
PETITIONER:
NEELAM @ POOJA
RESPONDENT:
MANISH RAMANI
DATE OF JUDGMENT: 22/01/2008
BENCH:
TARUN CHATTERJEE & DALVEER BHANDARI
JUDGMENT:
JUDGMENT
ORDER
Transfer Petition (Civil) No. 167 of 2006
1. In spite of service of Show Cause Notice on the
husband/respondent, no one has entered appearance on his behalf at
the time of hearing of this transfer petition.
2. This is an application for transfer of the case being Case
No. 911 of 2005, [titled Manish Ramani Vs. Smt. Neelam Alias
Pooja], pending in the Court of the Family Judge, Agra, U.P. to a
Court of competent jurisdiction under the District Judge at Jaipur,
Rajasthan.
3. Having heard the learned counsel for the petitioner and
after going through the averments made in the application for
transfer and considering the fact that the petitioner is living with her
parents along with the minor child and also considering the fact that
proceeding under Section 125 of the Code of Criminal Procedure in
the Family Court No.1 at Jaipur has been filed by the petitioner for
seeking maintenance for herself and her child, we direct that the
proceeding being Case No. 911 of 2005 instituted by the
husband/respondent seeking a decree under Section 9 of the Hindu
Marriage Act shall stand transferred to the Family Court at Jaipur,
Rajasthan.
4. Accordingly, the application for transfer is allowed. There
will be no order as to costs.