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CASE NO.: Transfer Petition (civil)  167 of 2006

PETITIONER: NEELAM @ POOJA

RESPONDENT: MANISH RAMANI                                       

DATE OF JUDGMENT: 22/01/2008

BENCH: TARUN CHATTERJEE & DALVEER BHANDARI

JUDGMENT: JUDGMENT

                ORDER

1.      In spite of service of Show Cause Notice on the  husband/respondent, no one has entered appearance on his  behalf at the time of hearing of this transfer petition.   2.      This is an application for transfer of the case being  Case No. 911 of 2005, [titled Manish Ramani Vs. Smt.  Neelam Alias Pooja], pending in the Court of the Family  Judge, Agra, U.P. to a Court of competent jurisdiction under  the District Judge at Jaipur, Rajasthan.   3.      Having heard the learned counsel for the petitioner  and after going through the averments made in the application  for transfer and considering the fact that the petitioner is living  with her parents along with the minor child and also  considering the fact that proceeding under Section 125 of the  Code of Criminal Procedure in the Family Court No.1 at Jaipur  has been filed by the petitioner for seeking maintenance for  herself and her child, we direct that the proceeding being  Case No. 661 of 2003 instituted by the husband/respondent  seeking a decree under Section 9 of the Hindu Marriage Act  shall stand transferred to the Family Court at Jaipur,  Rajasthan.   4.      Accordingly, the application for transfer is allowed.   There will be no order as to costs.