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 petition 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 to
the District Judge, Delhi.
…2/-
-2-
The Family Court at Mumbai is directed to send all records relating to the case to the District
Judge, Delhi, without delay. The parties would be at liberty to move the District Court, Delhi
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 without notice
and take further orders. The District Judge, Delhi, may if he so deems fit, assign the matter
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 the District
Judge, Delhi.
The transfer petition is allowed accordingly.