Shweta Bhardwaj Vs. Vivek Bhardwaj - Court Judgment

Excerpt:
- workmens compensation act, 1923 [c.a. no. 8/1923]. section 3; [dr.arijit pasayat & harjit singh bedi, jj] claim for compensation - tractor and trailer were insured - when trailer was being loaded with mud from quarry huge quantity of mud collapsed from quarry smothering workmen/labourer to death - rejection of claim against insurance company without examining causal connection between cause of death and use of vehicle - held, impugned order was set aside and matter remitted for fresh consideration. .....1955 seeking divorce. that matrimonial suit no. 110 of 1998, is pending in the court of district judge, darjeeling. 2. the petitioner seeks transfer of that suit to himachal pradesh on the ground that it causes great hardship to her to prosecute the suit in darjeeling having regard to the fact that she has no fixed source of income and she cannot travel alone to darjeeling. she further states that the respondent will not suffer any inconvenience if the case is transferred from darjeeling as he is not working in darjeeling. 3. in the counter affidavit it is not disputed that the respondent is not working in darjeeling. 4. in these circumstances, having heard the learned counsels for the parties, we are of the view that the interest of justice would be met if matrimonial suit no. 110 of.....

Judgment:
ORDER

1. The petitioner is the wife of the respondent. He filed a suit Under Section 13 of the Hindu Marriage Act, 1955 seeking divorce. That matrimonial suit No. 110 of 1998, is pending in the Court of District Judge, Darjeeling.

2. The petitioner seeks transfer of that suit to Himachal Pradesh on the ground that it causes great hardship to her to prosecute the suit in Darjeeling having regard to the fact that she has no fixed source of income and she cannot travel alone to Darjeeling. She further states that the respondent will not suffer any inconvenience if the case is transferred from Darjeeling as he is not working in Darjeeling.

3. In the counter affidavit it is not disputed that the respondent is not working in Darjeeling.

4. In these circumstances, having heard the learned Counsels for the parties, we are of the view that the interest of justice would be met if Matrimonial Suit No. 110 of 1998 (titled Vivek Bhardwaj v. Shweta Bhardwaj) pending in the Court of District Judge, Darjeeling is transferred to District Judge, Tis Hazari, Delhi who may try the case himself or allocate it to some other competent Judge for trial and we order accordingly. The Transfer Petition is allowed. No costs.