Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Acts
  • Section 13 of the Hindu Marriage Act
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Acts
  • Section 13 of the Hindu Marriage Act
Smart Summary

Factual and Procedural Background

The opinion concerns a petition filed by Shri Ram Parkash Kalra against Prabha under Section 13 of the Hindu Marriage Act. The petition was pending before the Court of Additional District Judge II, Bhiwani (before Shri R.S. Madan). By this order, the petition is directed to be transferred for adjudication to the Court of District Judge, Delhi, with directions for transmission of the record and subsequent case management steps in Delhi, including an attempt at reconciliation through a Marriage Counselling Centre.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order directs a transfer of the pending Section 13 Hindu Marriage Act petition from the Additional District Judge II, Bhiwani to the District Judge, Delhi. The court further structures the post-transfer process by requiring: (i) forwarding of the proceedings from Bhiwani to Delhi within two weeks of receipt of the order; (ii) an attempt to bring about reconciliation or settlement through the Marriage Counselling Centre at Patiala House after receipt in Delhi; (iii) if reconciliation efforts do not succeed within two months from receipt of the proceedings by the District Judge, Delhi, trial and disposal in Delhi as far as possible within a further two months. The opinion itself does not set out reasons for the transfer beyond issuing these directions.

Holding and Implications

TRANSFER ORDER GRANTED: The Section 13 Hindu Marriage Act petition pending in Bhiwani is transferred to the District Judge, Delhi, to be tried by the District Judge or an appropriate Judge assigned by him.

Implications: The record must be transmitted to Delhi within two weeks. After transfer, the Delhi court must first attempt reconciliation/settlement through the Marriage Counselling Centre at Patiala House; if not successful within two months of receipt, the case is to proceed to trial and be disposed of, as far as possible, within the next two months. The order discloses no broader legal implications or creation of new precedent beyond regulating the conduct and timeline of this case.

    Smt Prabha v. Ram Parkash Kalra .

    Order

    The petition filed by Shri Ram Parkash Kalra against Prabha under Section 13 of the Hindu Marriage Act and pending in the Court of Additional District Judge II, Shri R.S Madan, Bhiwani, will stand transferred to the Court of District Judge, Delhi and it may be tried by the District Judge or any other appropriate Judge to whom the case may be assigned by him. The proceedings shall be forwarded within two weeks from the receipt of the copy of this order by the learned Additional District Judge, II, Bhiwani. After the proceedings are received in Delhi, an attempt shall be made for bringing about reconciliation or settlement through the Marriage Counselling Centre in Patiala House and if this effort does not succeed within a period of two months from the receipt of the proceedings by the Court of District Judge, Delhi, the petition shall be tried and disposed of by the Judge in Delhi, as far as possible, within a further period of two months.

    Use AI to get other relevant cases.

    Comments

    Smt Prabha v. Ram Parkash Kalra .
    (Nov 12, 1986)