Allowed

Smt. Shaili Saxena v. Prateek Kumar

Allahabad HC18 Jul 2018TACL/189/2017

Case brief

AI extract

What is this about?

The court allowed a wife's application for transfer of a restitution of conjugal rights case from Bareilly to Ghaziabad. The transfer was made to ensure all proceedings between the parties were decided at one convenient place, noting the pendency of maintenance proceedings in Ghaziabad.

What did the court decide?

Transfer of Case No. 716 of 2016 from Principal Judge, Family Court, Bareilly to Principal Judge, Family Court, Ghaziabad.

Smt. Shaili Saxena Vs Prateek Kumar — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 9

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Case :- TRANSFER APPLICATION (CIVIL) No. - 189 of 2017

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Applicant :- Smt. Shaili Saxena Opposite Party :- Prateek Kumar Counsel for Applicant :- Rashmi Srivastava Counsel for Opposite Party :- Ashish Nigam

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Hon'ble Anjani Kumar Mishra,J.

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Heard learned counsel for the parties.

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This is a transfer application by the wife seeking transfer of a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights filed by the husband at Bareilly. Transfer of this case is sought to district Ghaziabad on the ground of convenience as also on the ground of pendency of proceedings under Section 125 Cr.P.C. for maintenance instituted by the applicant at Ghaziabad.

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The contention of counsel for the opposite party relying upon the averments made in the counter affidavit is that the applicant is an MBA and is employed in Ghaziabad.

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In rejoinder affidavit, it has been stated that at the present moment the applicant is unemployed and there is no denial that the case under Section 125 Cr.P.C. between the parties is pending consideration at Ghaziabad.

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Although the transfer application has been opposed by the counsel for the opposite party, however, this Court is of the considered opinion, that all cases between the parties should be decided at one place which would be convenient for all concerned.

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Under the circumstances, the transfer application is hereby allowed.

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Case No. 716 of 2016, under Section 9 of the Hindu Marriage Act : Prateek Kumar Vs. Shaili Saxena pending in the Court of Principal Judge, Family Court, Bareilly is hereby transferred to the Court of Principal Judge, Family Court, Ghaziabad, forthwith.

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Order Date :- Priyanka 18.7.2018 KUMAR MISHRAANJANI Digitally signed by ANJANI KUMAR MISHRADN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRAReason: I am the author of this documentLocation: Date: 2018-07-18 13:31:54

Smt. Shaili Saxena v. Prateek Kumar

Case brief

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Smt. Shaili Saxena v. Prateek Kumar

Case brief

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