1. The petitioner is the wife against whom a matrimonial case, HMA No, 489 of 1996, has been filed by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. That case is pending in the Court of Additional District Judge, Delhi, The petitioner seeks transfer of that case from Delhi to a court of competent jurisdiction at Varanasi where the petitioner is staying with a child of the marriage, aged about two and a half years on various grounds detailed in the petition. That the child of the marriage is with the petitioner and cannot be left at Varanasi if the petitioner has to travel to attend to the matrimonial case, is not in dispute.
2. After hearing learned Counsel for the parties, it appears appropriate to us to allow this application. HMA No. 489 of 1996 titled Abhirup Banerjee v. Jaishree Banerjee is withdrawn from the Court of Additional District Judge, Tis Hazari Courts Delhi and is transferred to the Court of the Presiding Officer, Family Court, Varanasi, for its trial in accordance with law. The Additional District Judge, Tis Hazari Courts, Delhi shall send the record of the case to the transferee court without delay. The transferee court shall fix the date for appearance of the parties and intimate the same to the parties.
3. The transfer petition is allowed. No costs.