In this transfer application, the applicant sought transfer of a divorce petition from Mirzapur to Sonbhadra to consolidate three other pending matters. The court held the grounds were insufficient and rejected the transfer.
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Court No. - 69
Case :- TRANSFER APPLICATION (CIVIL) No. - 107 of 2021
Applicant :- Smt. Manju Lata Opposite Party :- Rakshant Kumar Dwivedi Counsel for Applicant :- Pushkar Kushwaha,Sanjay Kumar
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the parties and perused the record.
This is a transfer application under Section 24 CPC brought by Smt. Manju Lata, seeking transfer of Divorce Petition no.358 of 2019, Rakshant Kumar vs. Manju Lata Pandey from the Principal Judge, Family Court, Mirzapur to any nearby district, preferably Sonbhadra.
The parties are an estranged couple. It is submitted that Criminal Case no.1128 of 2018 is pending inter partes before the Magistrate at Sonbhadra arising out of the applicant's FIR under Section 498A IPC etc. Another case being Complaint Case no.340 of 2018 under the Domestic Violence Act is pending before the Chief Judicial Magistrate, Sonbhadra. Still, another case which is an application for maintenance being Criminal Case no.194 of 2018 is pending before the Court at Sonbhadra.
It is submitted that since three matters inter parties are already pending at Sonbhadra, the present case should also be transferred there, where both parties can conveniently contest all proceedings and can request a uniform date in all matters.
The grounds urged in the petition are not sufficient to transfer the case from district Mirzapur to Sonbhadra. Accordingly, the transfer application is rejected.
Order Date :- 1.11.2021
RavindraKSingh
Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.11.01 17:15:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the grounds urged by the applicant are sufficient to transfer the divorce petition from Mirzapur to Sonbhadra.
1 provisions across 1 enactments
Manju Lata
Shekhar Kumar Yadav
As recorded by the court registry
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