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Supreme Court of India

KUSUM vs PRITPAL SINGH on 28 July, 2008

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T.P.(C) No.-000758-000758 - 2007Official PDFBench Konakuppakatil Gopinathan Balakrishnan, Palanisamy Sathasivam
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.758 OF 2007
KUSUM Petitioner(s)
VERSUS
PRITPAL SINGH Respondent(s)
O R D E R

Heard petitioner's counsel and counsel for the respondent.

2. In this case, the petitioner wife seeks the transfer of HMA No.667 of

2006 titled as Pritpal Singh Vs.Kusum pending before the Court of ADJ, Tis

Hazari Courts, Delhi, to a competent Court at Chandigarh. Though the

respondent was served with a notice, he had not chosen to enter his appearance.

3. The petitioner-wife contends that she is residing at Chandigarh and

so she is unable to come to Delhi every time due to her financial position. In

view of the facts and circumstances, the HMA No.667 of 2006 titled as Pritpal

Singh Vs.Kusum pending before the Court of ADJ, Tis Hazari Courts, Delhi is

directed to be transferred to the District Judge, Chandigarh to be tried by himself

or entrust it to be tried by the court of competent jurisdiction. The transferee

court shall transmit all the records to the transferred court.

3. The transfer petition is allowed accordingly.