Allahabad High Court
Smt. Durgawati Devi vs Muktinath Tiwari on 7 February, 2020
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- APPLICATION U/S 24/ORDER 39 RULE 2-A CPC No. - 127 of 2018 Applicant :- Smt. Durgawati Devi Opposite Party :- Muktinath Tiwari Counsel for Applicant :- Vaibhav Srivastava Hon'ble Rajan Roy,J.
APPLICATION U/S 24/ORDER 39 RULE 2-A CPC No. - 127 of 2018 with APPLICATION U/S 24/ORDER 39 RULE 2-A CPC No. - 126 of 2018 These two applications under Section 24 arise from two separate proceedings, one under Section 125 (3) Cr.P.C and the other under Section 127 Cr.P.C but the parties are the same.
Heard.
In spite of service of notice being sufficient on the opposite party, none has put in appearance. Therefore, this Court proceeds to decide the application under Section 24 CPC ex-parte against the opposite party.
The contention of learned counsel for the petitioner is that both the parties are residents of Ambedkar Nagar, therefore, the proceedings for recovery of maintenance under Section 125 (3) Cr.P.C. pending before the Family Court at Faizabad and the proceedings for enhancement of the said maintenance under Section 127 Cr.P.C should be transferred to Ambedkar Nagar. He says that the proceedings were filed at Faizabad initially for maintenance as that that time the jurisdiction was with the Court at Faizabad but now it stands vested in the Courts at Ambedkar Nagar.
As nobody has appeared to oppose the application and as the contention of the applicant is that she is not getting any maintenance since 1997 and as both the parties are alleged to be residents of Ambedkar Nagar and it would be convenient for both the parties to contest the matter therein, therefore, the Court finds it in the interest of justice to transfer case no's. 119 of 2015, and 118 of 2015, Smt. Durgawati Devi Vs. Muktinath Tiwari, filed under Sections 125(3) and Section 127 of Cr.P.C respectively from the Court of Principal Judge, Family Court, Faizabad, to the Court of Principal Judge, Family Court, Ambedkar Nagar.
The proceedings under Section 125(3) and Section 127 Cr.P.C. already held at Faizabad shall form a part of the record of the proceedings now to be undertaken at Ambedkar Nagar, meaning thereby, the Court at Ambedkar Nagar may proceed from the stage already reached by the Court at Faizabad and shall not proceed de novo.
The applicant shall inform the opposite party about the order by registered post. If need be, the Court at Ambedkar Nagar may issue notice to him.
The applications are accordingly allowed.
The matter is disposed of in aforesaid terms.
After passing of the aforesaid order in Court but before it could be signed it is found that the application is under 24 C.P.C but the proceedings which are to be transferred are those under 125 and 127 Cr.P.C., therefore, the question is as to whether an application would lie under Section 24 C.P.C for their transfer which has not been addressed by the learned counsel, as such, matter is required to be reheard.
List this case on 20.02.2020.
Order Date :- 07.02.2020 Lokesh Kumar