Rachna vs Ashok

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.420 OF 2020

RACHNA Petitioner(s)

VERSUS

ASHOK Respondent(s)

O R D E R

This petition has filed under Section 25 of the Code of Civil

Procedure, 1908 by the petitioner-wife seeking transfer of HMA No.

67 of 2019 titled as “Ashok vs. Rachna Devi” under Section 9 of the

Hindu Marriage Act, 1955 in the Court of Learned Additional

District and Sessions Judge, Ambah, M.P. to the Learned Family

Court, Saket, New Delhi.

Respondent was served on 10th June, 2020.

By Order dated 08th November, 2021, Office was directed to

ascertain whether the vakalatnama has been filed on behalf of the

Respondent and if so, to put up in the next date of hearing. It is

noted that there is no representation on behalf of the respondent.

In the said circumstances, I have heard learned counsel for

the petitioner and perused the material on record.

Learned counsel for the petitioner submitted that the

aforesaid case has been filed by the respondent in Ambah in the

Court of Learned Additional District and Sessions Judge,Ambah, Signature Not Verified

M.P., while the petitioner is residing in Delhi which is a distance Digitally signed by Dr. Mukesh Nasa Date: 2021.11.26 14:36:15 IST Reason: of about 800 Km. That it is not possible for the petitioner to

travel all the way to Ambah District of M.P., for the purpose of defending the aforesaid case. In such circumstances, the transfer

of aforesaid petition has been sought.

As already noted, despite respondent being served, there is no

representation.

Having regard to the facts pleaded in the petition and on

hearing learned counsel for the petitioner, I find that it is just

and appropriate to transfer HMA NO. 67 of 2019 titled as “Ashok vs.

Rachna Devi” to the Learned Family Court, Saket, New Delhi.

Ordered accordingly.

The petition is allowed with the aforesaid terms.

.................................J. [B.V. NAGARATHNA]

NEW DELHI;

NOVEMBER 22, 2021