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Smt. Chandni vs Shameem Ali on 26 August, 2019


?Court No. – 19

Case :- APPLICATION U/S 24/ORDER 39 RULE 2-A CPC No. – 104 of 2018

Applicant :- Smt. Chandni

Opposite Party :- Shameem Ali

Counsel for Applicant :- Mohammad Saeed

Hon’ble Vivek Chaudhary,J.

Case is called out in the revised list. Learned counsel for applicant is present. Office by its report dated 15.11.2018 has reported that service on opposite party is sufficient. Thereafter on 26.11.2018, Sri Ajay Kishore Singh, learned counsel has stated before the Court that he would be filing his power as well as counter affidavit on behalf of sole contesting opposite party within one week. Till date neither any power nor counter affidavit is filed on behalf of opposite party. Today also no one has put in appearance on behalf of opposite party. Despite service of notices on opposite party, no one has put in appearance, hence, the matter is being finally heard and disposed of.

Heard learned counsel for applicant.

Present transfer application is filed by applicant-wife for transfer of Regular Suit No.1265 of 2017; (Shameem Ali Vs. Smt. Chandni), pending before the court of Principal Judge, Family Court, Lucknow to the Court of Principal Judge, Family Court, Unnao.

Submission of learned counsel for applicant is that applicant has filed a suit for maintenance under Section 125 of Cr.P.C. which is pending before the Principal Judge, Family Court, Lucknow. Further she has also lodged a Complaint Case No.246 of 2017, under Section 498A, Section323, Section504, Section506 I.P.C. and Section 3/Section4 Dowry Prohibition Act, which is pending before the Court of Judicial Magistrate, Unnao. Learned counsel for the applicant submits that the Regular Suit No.1265 of 2017 has been filed by respondent-husband only to harass the applicant and for no other purpose. He further submits that the wife is facing grave difficulty in attending court in a far away district which have been enumerated in the transfer application.

Looking in to the facts and circumstances of the case as well as law settled by the following judgments-Sumita Singh Vs. Kumar Sanjay and another, 2001 (10) SCC 41, Leena Mukherjee Vs. Rabi Shankar Mukherjee, 2002 (10) SCC 480 and Smt. Kuhu Banerjee Vs. Sanjeev Rai Chaudhary and another, 2009 (27) LCD 1162 and as two other cases of applicant are already pending before the court at district Unnao, the present transfer application is allowed and Regular Suit No.1265 of 2017; Shameem Ali Vs. Smt. Chandni, which is pending before the Court of Principal Judge, Family Court, Lucknow is transferred to the Court of Principal Judge, Family Court, Unnao.

The court below shall ensure compliance of this order within a period of four weeks from the date a certified copy of this order is placed before it and transfer the record.

With the aforesaid, present transfer application is allowed.

Order Date :- 26.8.2019




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