Full Judgment Text
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CASE NO.:
Transfer Petition (civil) 167 of 2006
PETITIONER:
NEELAM @ POOJA
RESPONDENT:
MANISH RAMANI
DATE OF JUDGMENT: 22/01/2008
BENCH:
TARUN CHATTERJEE & DALVEER BHANDARI
JUDGMENT:
JUDGMENT
ORDER
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. 661 of 2003 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.