Dimple Agarwal (Smt.) Vs. Subhash - Court Judgment

Excerpt:
civil procedure code, 1908 - section 24--transfer of case--when permissible--petitioner wife has prayed for transfer of proceedings under section 13 of hindu marriage act from court of additional district judge bali-camp sumerpur to court of district judge, sirohi--proceedings under section 498a i.p.c. are already pending in pindwara, district sirohi--held, case pending in the court of additional district judge, bali-camp sumerpur is directed to be transferred to the court of district court, sirohi. - vineet kothari, j.1. heard learned counsels.2. by this transfer application, the petitioner-wife has prayed for transfer of proceedings under section 13 of the hindu marriage act in case no. 65/2008 (subhash v. smt. dimple) from the court of leaned addl. district judge, bali-camp-sumerpur to the court of learned district judge, sirohi.3. the learned counsel for the respondent submitted that since proceedings under section 498a i.p.c. are already pending in pindwara, district sirohi, therefore, he has otherwise to attend those proceedings at pindwara and he can attend these proceedings under section 13 of the hindu marriage act at sirohi and, therefore, the aforesaid case may be transferred to sirohi as prayed by the petitioner-wife.4. in view of this, this transfer application is allowed and the case no. 65/2008 subhash v. dimple pending in the court of leaned adj bali-camp-sumerpur is directed to be transferred to the court of learned district judge, sirohi. no order as to costs.5. the learned district judge sirohi is directed to expedite the trial in the facts and circumstances of this case.