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Smt. Shaily Mittal And 2 Others vs Brijesh Kumar Mittal on 4 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 9

Case :- TRANSFER APPLICATION (CIVIL) No. – 51 of 2020

Applicant :- Smt. Shaily Mittal And 2 Others

Opposite Party :- Brijesh Kumar Mittal

Counsel for Applicant :- Sumit Daga

Counsel for Opposite Party :- Bhupeshwar Dayal

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Case :- TRANSFER APPLICATION (CIVIL) No. – 53 of 2020

Applicant :- Smt. Shaily Mittal

Opposite Party :- Brijesh Kumar Mittal

Counsel for Applicant :- Sumit Daga

Counsel for Opposite Party :- Bhupeshwar Dayal

Hon’ble Anjani Kumar Mishra,J.

Heard learned counsel for the parties.

Both these two transfer applications are between the same parties but seeks transfer of two different cases; one under Section 25 of the Guardians and Wards Act, filed at Shamli at Kairana and the other petition under Section 13 of the Hindu Marriage Act for divorce.

The case under the Guardians and Wards Act is pending since the year 2014 while the divorce petition has been filed by the husband in the year 2017.

Both these transfer applications have been filed on the ground of convenience and also on the ground that proceedings under Section 125 Cr.P.C. filed by the applicant wife against the respondent is pending consideration at Muzaffar Nagar.

Shri Bhupeshwar Dayal, who appears for the opposite party in both these transfer applications stated that he has no objection to these cases being transferred to Muzaffar Nagar, provided directions are issued for disposal of two cases in a time bound manner. He has also submitted that the written statement has not been filed in the divorce petition instituted in the year 2017 till date.

Upon hearing learned counsel for the parties and in view of the statement made by Shri Bhupeshwar Dayal, counsel for the opposite party, these transfer applications are hereby allowed.

Divorce Petition No.178 of 2017 (Brijesh Kumar Mittal Vs Smt. Shaily Mittal) pending before the Principal Judge, Family Court, Shamli at Kairana and Case No.14 of 2014 (Brijesh Kumar Mittal Vs Smt. Shaily Mittal) under Section 25 of the Guardians and Wards Act also pending before the Principal Judge, Family Court, Shamli at Kairana shall stand transferred to District Muzaffar Nagar with the stipulation that the applicant shall file a written statement in the divorce petition positively within a period of three weeks from today.

The transferee Court shall thereafter endeavour to decide both the case expeditiously and preferably within a period of six months from the date, the files are received by it, consequent to this order.

Order Date :- 4.2.2020

RKM

 

 

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