Judgment of supreme Court in wife's petition for Divorce.

Judgment :-  CITATION : 2006 (8) SLT 132 :CDJ 2006 SC 1291

1. This is wife’s petition for transfer of divorce case. The transfer is sought on the ground that the petitioner is having 4 years’ old daughter and she is unable to travel with an infant child and there is nobody to look after her in her absence. The contention has been taken that the petitioner has also filed a petition under Section 138 of Negotiable Instruments Act at Secunderabad. It is also stated that the petitioner has filed complaint under Section 200, Cr.P.C. for offences punishable under Sections 498A, 120B read with Section 34, IPC and Sections 4 and 6 of the Dowry Prohibition Act before the Metropolitan Magistrate at Hyderabad and the same is pending. It is, therefore, stated that in that view of the matter the respondent has to come to Hyderabad to contest te petitions. Accordingly, we allow this petition. The Matrimonial Petition No. A183 of 2005 filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending before the Family Court at Pune is transferred to the Family Courts at Secunderabad in Andhra Pradesh.

Transfer Petition is allowed in the above terms.

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