Allahabad High Court
Preeti vs Family Court, Baghpat And Another on 7 August, 2019
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- TRANSFER APPLICATION (CIVIL) No. - 421 of 2018 Applicant :- Preeti Opposite Party :- Family Court, Baghpat And Another Counsel for Applicant :- Manoj Vashisth,Rajesh Kumar Connect with Case :- TRANSFER APPLICATION (CIVIL) No. - 422 of 2018 Applicant :- Preeti Opposite Party :- Family Court, Baghpat And Another Counsel for Applicant :- Manoj Vashisth,Rajesh Kumar Hon'ble Anjani Kumar Mishra,J.
Office report dated 30.10.2018 states that the notice of this transfer application has been delivered upon the opposite party on 25.09.2018.
Despite notice, neither any counter affidavit nor any appearance has been filed on behalf of the opposite party.
By means of these transfer applications, the applicants wife seeks transfer of two Petitions, one under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and under Section 13 of the Hindu Marriage Act filed by the husband at Baghpat to District Meerut on the ground of convenience.
Additionally, it has been averred in the affidavit filed in support of the transfer application that the proceedings under Section 125 Cr.P.C. for maintenance instituted by the applicant are pending consideration at Meerut.
Counsel for the applicant, on the basis of the instructions received has stated that the opposite party is contesting these proceedings at Meerut.
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, especially when the case sought to be transferred as also the proceedings under Section 125 Cr.P.C. pending consideration at Meerut are cognizable by the family Court.
Accordingly, these transfer applications are allowed.
Case Nos. 2 of 2018 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and 86 of 2018 under Section 13 of the Hindu Marriage Act, pending before the Family Court, Baghpat, shall stand transferred to District Meerut, forthwith.
Order Date :- 7.8.2019 RKM