HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 19
Case :- APPLICATION U/S 24/ORDER 39 RULE 2-A CPC No. – 74 of 2019
Applicant :- Smt. Reena Rao
Opposite Party :- Phool Chandra
Counsel for Applicant :- Akhilesh Kumar Pandey,Ram Singh
Hon’ble Vivek Chaudhary,J.
Case is called out in the revised list. Learned counsel for applicant is present. Office by its report dated 08.08.2019 that, service on sole opposite party is sufficient. Despite service of notices on opposite party, no one has put in appearance till date.
Present transfer application is filed by applicant-wife for transfer of Regular Suit No.429 of 2017; Phool Chandra Vs. Smt. Reena Rao, filed under Section 13 of Hindu Marriage Act, pending before the court of Principal Judge, Family Court, Gonda to the Court of Principal Judge, Family Court, Faizabad.
This Court by an interim order dated 17.05.2019 had stayed further proceedings of aforesaid case, and the said interim order is continuing till date. Since, the matter is of the year 2017 and despite service of notices no one has put in appearance on behalf of opposite party, hence the matter is being finally heard and disposed of.
Heard learned counsel for applicant.
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, Faizabad. She has also lodged an FIR against the opposite party and his family members in Case Crime No.447 of 2017, under Section 498A, Section504, Section506 I.P.C. and Section 3/4 of D.P. Act, which is registered as Criminal Case No.11106 of 2016 and pending before the Court at Faizabad. Learned counsel for the applicant submits that the Regular Suit No.429 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 Faizabad hence, the present transfer application is allowed and Regular Suit No.429 of 2017; Phool Chandra Vs. Smt. Reena Rao, filed under Section 13 of Hindu Marriage Act, which is pending before the court of Principal Judge, Family Court, Gonda is transferred to the Court of Principal Judge, Family Court, Faizabad
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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