The single-bench transfer application seeking to move the Husband's Section 9 divorce petition from Sonebhadra to Mirzapur was allowed. The court emphasized that hearing all related matrimonial matters at one place is convenient for the parties.
Transfer of Original Suit No.277 of 2017 from Court at Sonebhadra to District Mirzapur allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 109 of 2018
Applicant :- Garima Seth Opposite Party :- Abhishek Seth Counsel for Applicant :- Krishna Chandra Pandey Counsel for Opposite Party :- Naveen Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This is a transfer application by the wife seeking transfer of a divorce petition, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, instituted by the husband at Sonebhadra.
Transfer of this case is sought to District Mirzapur on the ground of convenience and also on the ground of pendency of two cases, one a criminal case and the other proceedings, under Section 125 Cr.P.C. instituted by the applicant at Mirzapur and are pending consideration there.
Counsel appearing for the opposite party has vehemently opposed the transfer application. However, the pendency of two cases at Mirzapur is not disputed by him.
In my considered opinion, all the matters between the parties should be heard and decided at one place, as it would definitely be convenient for all concerned. On this ground alone, this transfer application is liable to be and is hereby, allowed.
Original Suit No.277 of 2017( Abhishek Seth Vs. Garima Seth), under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, pending in the Court of Principal Judge, Family Court, Sonebhadra shall stand transferred to District Mirzapur, forthwith.
Order Date :- 9.7.2018 RKM
Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, ANJANI PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3 KUMAR ea049885bf64ad5bbb33050e3d fe3e210927d94f413, SERIALNUMBER=004ee64f25f 9f36f85dbdc71f5b0ec1e2f09384 MISHR 31e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document A Location: Date: 2018-07-09 15:30:52
1 issue framed by the court
Whether a divorce petition for restitution of conjugal rights should be transferred to Mirzapur due to the pendency of related cases there.
2 provisions across 2 enactments
Garima Seth
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
