The court admitted a transfer application seeking to move a pending divorce suit from Basti to Gautam Buddh Nagar due to distance. It issued notice to the respondent, granted a stay on the proceedings in Basti, and fixed timelines for counter-arguments.
Stayed proceedings in Basti; issued notice to respondent; adjourned further proceedings.
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Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 995 of 2024
Applicant :- Smt Sapna Panday Opposite Party :- Ranu Pandey Counsel for Applicant :- Abhishek Gupta
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant and perused the record.
This transfer application has been filed by the applicant seeking transfer of Divorce Case No. 269 of 2024 (Ranu Pandey Vs. Sapna Pandey) under Section 13 (A) of Hindu Marriage Act from the court of Principal Judge, Family Court, Basti to the court of Principal Judge, Family Court, Gautam Buddh Nagar.
It is submitted by learned counsel for the applicant that there are two cases have already pending in District- Gautam Buddh Nagar. It is further submitted that the District Court, Basti is almost 716 Km. away from the current residence of applicant and it will be very difficult to pursue the case there.
Matter requires consideration.
Issue notice to the respondent.
Steps be taken within two weeks by registered post/speed post.
Counsel for the respondents may file counter affidavit within four weeks from today. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.
List on the date fixed in the notice, as fresh.
Till the next date of listing, further proceedings of Divorce Case No. 269 of 2024 (Ranu Pandey Vs. Sapna Pandey) under Section 13 (A) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Basti shall remain stayed.
It is made clear that in the event, the steps regarding issuing notice to the respondent are not taken by the counsel for the applicant within one week, the interim order shall stand automatically vacated.
Order Date :- 13.12.2024 Pravesh Mishra
Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant transfer of pending divorce proceedings from Family Court, Basti to Family Court, Gautam Buddh Nagar and stay the impugned proceedings.
Whether to issue notice to respondent and frame issues for further consideration regarding the transfer application.
Sapna Panday
Ranu Pandey
Piyush Agrawal
As recorded by the court registry
2 orders share this CNR
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