Transfer application filed by separated wife seeking transfer of maintenance proceedings from Mau to Azamgarh due to residence and hardship issues. Court directed notice, temporary stay of proceedings, and listing.
Proceedings in Case No. 723 of 2023 pending in Mau stayed until further orders; notice issued to opposite party; matter listed after two months.
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E-Court
Court No. - 35
Case :- TRANSFER APPLICATION (CIVIL) No. - 619 of 2024 Applicant :- Babita Chauhan Opposite Party :- Kundan Chauhan Counsel for Applicant :- Anil Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant and perused the record.
This transfer application has been filed by the applicant seeking transfer of Case No. 723 of 2023 (Kundan Chauhan vs. Babita Chauhan), under Section 13(1) of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Mau to the court of competent jurisdiction in any adjacent district.
It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant wife is presently residing in district Azamgarh. The applicant has filed an application under Section 125 Cr.P.C. for claiming maintenance in the court of Principal Judge, Family Court, Azamgarh. She has also filed an application under Section 156(3) Cr.P.C. against the opposite party and his family members in the judgeship of Azamgarh. Both the cases filed by the applicant are pending in the judgeship of Azamgarh. The opposite party has filed the aforesaid case on altogether incorrect facts only to harass the applicant, in the court of Principal Judge, Family Court, Mau. District Mau is much away from district Azamgarh. The applicant being deserted wife of opposite party having no source of income, is facing great hardship to attend the court proceedings at Judgeship of Mau.
The matter requires consideration.
Issue notice to opposite party.
Steps be taken within one week by registered post.
List after two months.
Until further orders of this Court further proceeding of Case No. 723 of 2023 pending in the court of Principal Judge, Family Court, Mau shall remain stayed.
Order Date :- 6.9.2024 sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the transfer application for Case No. 723 of 2023 should be transferred from Mau to Azamgarh due to hardship.
Whether the proceedings in Case No. 723 of 2023 should be stayed pending the hearing of the transfer application.
2 provisions across 2 enactments
Babita Chauhan
Vipin Chandra Dixit
Sailesh
As recorded by the court registry
2 orders share this CNR
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