Application for transfer of marriage petition from Family Court, Budaun to Family Court, Amroha allowed. The court noted both parties reside in Amroha and directed expedited proceedings within six months.
Marriage Petition No. 389 of 2023 transferred from Family Court, Budaun to Family Court, Amroha.
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Neutral Citation No. - 2024:AHC:122818
Court No. - 35
Case :- TRANSFER APPLICATION (CIVIL) No. - 1 of 2024
Applicant :- Smt. Ritu Singh Opposite Party :- Sumit Kumar Rathi Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- Vinod Pandey
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri Vinod Pandey, learned counsel for opposite party. Perused the record.
This transfer application has been filed by the applicant seeking transfer of Marriage Petition No. 389 of 2023(Sumit Kumar Rathi vs. Ritu Singh) filed under Section 13 of Hindu Marriage Act from the Court of Principal Judge, Family Court, Budaun to Principal Judge, Family Court, Amroha.
It is submitted by learned counsel for the applicant that the applicant-wife is presently working as Assistant Teacher in Primary School, Sarkadi Aziz, Police Station Didoli, District Amroha. The son of applicant namely, Master Kulwant Singh is studying in class I in Public School, Narangpur in District Amroha. It is further submitted that both the parties are presently residing at District Amroha but the Marriage Petition No.389 of 2023 has been filed by opposite party-husband in Judgeship, Budaun with the intention to harass the applicant. District Budaun is 150 kms. away from district Amroha.
Learned counsel appearing for opposite party has not disputed that the opposite party is presently posted in District Amroha. Since both the parties are residing at Amroha, it is appropriate that the divorce petition be heard at Judgeship, Amroha.
In view of above, the transfer application is allowed . The Marriage Petition No. 389 of 2023(Sumit Kumar Rathi vs. Ritu Singh) under Section 13 of Hindu Marriage Act is transferred from the Court of Principal Judge, Family Court, Budaun to Principal Judge, Family Court, Amroha.
The Principal Judge, Family Court, Budaun is requested to send the record of aforesaid case to the Court of Principal Judge, Family Court, Amroha immediately.
The Principal Judge, Family Court, Amroha is requested to expedite the proceedings and decide the aforesaid divorce petition expeditiously, if possible within six months from the date of receipt of record of divorce petition after affording opportunity of hearing to the parties and without granting any unnecessary adjournment, unless there is any legal impediment.
Order Date :- 29.7.2024 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the divorce petition filed in Budaun should be transferred to Amroha as both parties reside there?
Smt. Ritu Singh
Vipin Chandra Dixit
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
