IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3175 OF 2009
(Arising out of SLP(C) No. 19578/2008)
Rajni Vaid
.. Appellant(s)
Versus
Naveen Vaid
.. Respondent(s)
ORDER
Leave granted.
Challenge in this appeal is to order dated 28th May, 2008, passed by the
High Court of Punjab & Haryana in T.A. No.188 of 2008. By the impugned order, a
learned Single Judge of the High Court has dismissed the petition filed by the
appellant under Section 24 read with 151 of the Code of Civil Procedure seeking
transfer of the case titled Naveen Vaid vs. Rajni Vaid pending in the Court of
Additional District Judge, Panipat to the Court of competent jurisdiction at Gurgaon.
The sole factor which has weighed with the High Court in dismissing the application
is that the respondent-husband has never insisted upon the personal presence of the
wife on every date of hearing.
We have heard learned counsel for the parties.
..2/-
CA 3175/2009...contd..
:2:
Learned counsel appearing for the respondent-husband very fairly states
that the respondent has no objection to the transfer of the afore-mentioned case to
any Court at Gurgaon.
Accordingly, the appeal is allowed; the impugned order is set aside and it is
ordered that suit, being H.M.A. No. 41 of 2008, filed under Section 9 of the Hindu
Marriage Act, 1955, pending in the Court of Additional District Judge, Panipat shall
stand transferred to the Court of District and Sessions Judge, Gurgaon, who may
assign it to a Court dealing with matrimonial cases/family Court.
The appeal stands disposed of accordingly.
...................J.
[D.K. JAIN]
...................J.
[B.SUDHERSHAN REDDY]
NEW DELHI,
MAY 04, 2009.