The single judge allowed a transfer application to move a restitution of conjugal rights petition and a pending Section 125 Cr.P.C. maintenance case from Jaunpur to Varanasi for consolidated hearing convenience.
Transfer of Case No. 896 of 2015 from Family Court, Jaunpur to District Varanasi.
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Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 150 of 2020
Applicant :- Smt. Vibharao Opposite Party :- Ashok Kumar Counsel for Applicant :- Sanjay Kumar Sahu,Om Prakash
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the parties.
By means of this transfer application the applicant-wife seeks transfer of a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights filed by the husband at Jaunpur to Varanasi on the ground of convenience as also on the ground that as many as three cases including a case under Section 125 Cr.P.C. filed by the applicant and are pending consideration at Varanasi.
Counsel appearing for the opposite party has vehemently opposed transfer application but has not been able to dispute the factum of pendency of the maintenance case filed by the wife at Varanasi. He has also not stated tht the opposite party has sought transfer of the maintenance case out of Varanasi.
In my considered opinion, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned. Moreover, the petition sought to be transferred as also the proceedings under Section 125 Cr.P. C. for maintenance are to be heard and decided by the Family Court.
Accordingly, I allow the transfer application and direct that Case No. 896 of 2015 (Ashok Kumar Vs. Smt.Vibharao) pending before the Family Court, Jaunpur shall stand transferred to District Varanasi forthwith with the stipulation that the transferee court shall ensure that same dates are fixed in the transferred petition as also the petition under Section 125 Cr.P.C., which is stated to be pending at Varanasi.
Order Date :- 5.10.2020 AKT
Digitally signed by Justice Anjani Kumar Mishra Date: 2020.10.05 17:43:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to transfer a maintenance petition from Jaunpur to Varanasi for convenience and uniform disposal with other pending cases between the parties.
2 provisions across 2 enactments
Smt. Vibharao
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
