On an un-controverted application, the single judge transferred a divorce suit from Basti to Lucknow to facilitate attendance given the parties' postings and the husband's mother's illness, directing subsequent mediation.
Transfer of suit No. 291 of 2019 from Basti to Lucknow and direction for mandatory mediation.
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Court No. - 58
Case :- TRANSFER APPLICATION (CIVIL) No. - 135 of 2020
Applicant :- Vivek Kumar Srivastava Opposite Party :- Priyanka Srivastava Counsel for Applicant :- Rajesh Kumar Srivastava
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant.
It has been stated in the affidavit of service filed by him that publication of notice of this transfer application was made in newspaper 'Amar Ujala' on 27.09.2021.
Despite publication, neither any appearance nor counter affidavit has been filed by the opposite party.
The instant transfer application is by the husband seeking transfer of a divorce petition filed by the husband at Basti to Lucknow.
It is contended by learned counsel for the applicant that his wife/opposite party is presently posted at Lucknow and the applicant/husband is also a govt. servant and is posted at Lucknow and is staying with his ailing mother at Lucknow and her mother is a kidney patient and requires dialysis twice a week, which makes it extremely difficult for him to attend the suit proceedings at District Basti. It is further submitted that if the suit proceedings are transferred to Lucknow, it would be convenient for both the parties to attend the proceedings as and when necessary as compared to traveling to and from Basti which is approximately 200 kms away from Lucknow.
These material submissions stand un-controverted in the absence of any appearance or counter affidavit and therefore, same are accepted.
Besides, in my considered opinion, in the alleged situations, it would be better that the said case is heard and decided at District Lucknow for the sake of convenience of all concerned.
Accordingly, I allow the transfer application and direct that Case No. 291 of 2019 (Vivek Kumar Srivastava Vs Priyanka Srivastava), under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Basti shall stand transferred to District Lucknow forthwith.
However, considering the fact that dispute between the parties relates to matrimonial in nature, the parties are directed to appear before the Mediation Centre of District Court, Lucknow on 30.11.2021. It is expected that the mediation proceedings shall be concluded within two months by the District Mediation Centre and in case the mediation is failed, the said case shall be decided in accordance with law.
Order Date :- 16.11.2021
RavindraKSingh
Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.11.16 16:30:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the divorce suit pending in Basti should be transferred to Lucknow due to the posted locations of the parties and the husband's family medical circumstances.
Vivek Kumar Srivastava
Shekhar Kumar Yadav
As recorded by the court registry
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