28 July 2008
Supreme Court
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KUSUM Vs PRITPAL SINGH

Bench: K.G. BALAKRISHNAN,P. SATHASIVAM, , ,
Case number: T.P.(C) No.-000758-000758 / 2007
Diary number: 29276 / 2007


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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.

  ...............CJI.

(K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

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NEW DELHI; 28TH JULY, 2008