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CASE NO.: Transfer Petition (civil)  41 of 2007

PETITIONER: NEETI CHATTERJI

RESPONDENT: RAHUL CHATTERJI & ANR

DATE OF JUDGMENT: 08/01/2008

BENCH: CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN & J.M. PANCHAL

JUDGMENT: JUDGMENT O R D E R

TRANSFER PETITION(C) NO. 41 OF 2007

                                                Heard learned counsel on either side.                 This petition is filed by the petitioner-wife seeking transfer of divorce pe tition filed  by her husband before the Family Court, Mumbai at Bandra to a Court of Competent  Jurisdiction at Delhi.          2.      During the pendency of the transfer petition, the parties have entered into  a  compromise deed on 4.1.2008.   They have filed the said deed with a compromise petition  and two supporting affidavits on 7.1.2008.   The parties have agreed to dissolve their  marriage by mutual consent under Section 13 B of Hindu Marriage Act, 1955.  They have  prayed that the pending matters be transferred to this Court so that this Court can dispose  of  the matters in terms of the compromise.           3.      It may not be appropriate to get the pending cases transferred to this Court  for  disposal.  We, therefore, direct that the Marriage Petition No.1725 of 2006 titled as Rahul  Chatterji vs. Neeti Chatterji pending in the Family Court Mumbai at Bandra  be transferred t o  the District Judge, Delhi.                                                                                          ... 2/-

                                               -2- The Family Court at Mumbai is directed to send all records relating to the case to the Distr ict  Judge, Delhi, without delay.  The parties would be at liberty to move the District Court, De lhi  for divorce by mutual consent.  In the event of such application the Court would pass  appropriate orders for divorce.            4.      The parties will appear before the District Judge, Delhi on 18.2.2008 withou t notice  and take further orders.  The District Judge, Delhi, may if he so deems fit, assign the matt er  to any other appropriate court for disposal, on parties’ appearance on 18.2.2008.         5.      copies of this order be sent to the Family Court, Mumbai at Bandra and to th e District  Judge, Delhi.                 The transfer petition is allowed accordingly.