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Anjana Asthana @ Anjana … vs Ashutosh Chandra Asthana on 7 August, 2019


?Court No. – 9

Case :- TRANSFER APPLICATION (CIVIL) No. – 80 of 2019

Applicant :- Anjana Asthana @ Anjana Srivastava

Opposite Party :- Ashutosh Chandra Asthana

Counsel for Applicant :- Arvind Srivastava Iii

Counsel for Opposite Party :- Devesh Vikram,Santosh Kumar Singh,Virendra Singh

Hon’ble Anjani Kumar Mishra,J.

Heard learned counsel for the applicant.

This is a Transfer application by the wife, seeking transfer of a Divorce Petition, under Section 13 of the Hindu Marriage Act, filed by husband at Varanasi. Transfer of this case is sought to District Lucknow on the ground of convenience.

The contention of counsel for the applicant is that the opposite party is working in New Delhi and has filed a divorce petition at Varanasi only with a view to harass the applicant.

It has also been stated that proceedings under Section 125 Cr.P.C. for maintenance instituted by the applicant are pending consideration at Lucknow.

The additional ground for seeking transfer of this case is financial stringency as also that the applicant has to take care of her minor daughter aged about 6 years, who studying at Varanasi.

Counsel appearing for the opposite party has opposed the transfer application on the ground that the allegations of financial stringency are not correct, inasmuch as, no application under Section 24 of the Hindu Marriage Act for maintenance pendent lite, which could have been invoked by the applicant in fact been so invoked.

It has also been submitted that the submission of applicant is that the daughter of the parties are 6 years old is incorrect. She is more than 10 years old.

However, on a pointed query by the Court, he admits the pendency of the proceedings under Section 125 Cr.P.C. but states that it has been filed on a counter blast after the divorce petition had been instituted at Varanasi.

I have considered the submissions made by counsel for the parties and perused the record.

In my considered opinion, all the cases between the parties are liable to be heard and decided at one place, which will definitely be convenient for all concerned. Moreover, both proceedings under Section 125 Cr.P.C. for maintenance and the divorce petition sought to be transferred are cognizable by the Family Court.

The proceedings under Section 125 Cr.P.C. are admittedly pending consideration at Lucknow and the opposite party has not sought its transfer out of Lucknow.

Under the circumstance, this transfer application is liable to be and is hereby allowed.

Divorce Petition No.1557 of 2018 (Ashutosh Chandra Asthana Vs. Anjana Asthana @ Anjana Srivastava), under Section 13 of the Hindu Marriage Act, pending in the Principal Judge, Family Court, Varanasi shall stand transferred to District Lucknow, forthwith with the stipulation that the transferee Court shall ensure that the identical dates are fixed in the divorce petition as also proceedings under Section 125 Cr.P.C. already pending consideration at Lucknow.

Order Date :- 7.8.2019




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