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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

Transfer Petition (Civil) No. 167 of 2006

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. 911 of 2005 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.