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Smt. Priti Singh vs Akhilesh Kumar Singh on 20 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 9

Case :- TRANSFER APPLICATION (CIVIL) No. – 502 of 2019

Applicant :- Smt. Priti Singh

Opposite Party :- Akhilesh Kumar Singh

Counsel for Applicant :- Amar Bahadur Maurya,Ramesh Singh Kushwaha

Counsel for Opposite Party :- Raj Kumar Singh,Prashant Pandey

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Case :- TRANSFER APPLICATION (CIVIL) No. – 504 of 2019

Applicant :- Smt. Priti Singh

Opposite Party :- Akhilesh Kumar Singh

Counsel for Applicant :- Amar Bahadur Maurya,Ramesh Singh Kushwaha

Counsel for Opposite Party :- Raj Kumar Singh,Prashant Pandey

Hon’ble Anjani Kumar Mishra,J.

Heard learned counsel for the parties.

By means of these two transfer applications, the applicant-wife seeks transfer of two petitions, one under Section 25 of the Guardian and Wards Act, and other a divorce petition under Section 13 of the Hindu Marriage Act, filed by the husband at Varanasi, to Chandauli, on the ground of convenience.

In paragraphs 20 to 22, of the affidavit filed in support of the transfer application, details of all three cases instituted by the applicant against the opposite party at Chanduli have been given. The plea raised is that all the cases should be heard together at one place.

Learned counsel appearing for the opposite party has opposed the transfer application on the ground that the divorce petition sought to be transferred is pending consideration at very advanced stage. The evidence of the opposite party, the plaintiff in the said proceeding has already been adduced. The evidence of the defendant-applicant (wife) is yet to be adduced.

The cases sought to be transferred are liable to be heard and decided by the family court. Another case under Section 125 of Cr.P.C. is already pending consideration at Chandauli, also before the Family Court.

In my considered opinion, all cases are better heard and decided at one place for the sake of convenience of all concerned.

Accordingly, these transfer applications are allowed and a direction is issued that Case No. 1077 of 2015 (Akhilesh Kumar Singh Vs. Smt. Priti Singh) under Section 13 of the Hindu Marriage Act pending before the Additional District and Sessions Judge/FTC, Court No. 1, Varanasi and Case No. 396 of 2017 (Akhilesh Kumar Singh Vs. Smt. Priti Singh) pending before the Additional District and Sessions Judge/FTC, Court No. 1, Varanasi, shall stand transferred to District Chandauli forthwith.

It is also provided that an identical dates to be fixed in two cases transferred as also proceedings under Section 125 of Cr.P.C. already pending between the parties at Chandauli.

Order Date :- 20.2.2020

S.K.

 

 

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