Allahabad High Court
Rubeena Parveen vs Mohammad Nadeem on 13 February, 2020
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- TRANSFER APPLICATION (CIVIL) No. - 246 of 2019 Applicant :- Rubeena Parveen Opposite Party :- Mohammad Nadeem Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- Shahid Ali Siddiqui,Iqbal Ahmad Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The instant transfer application has been filed by the wife seeking transfer of a petition declaring their marriage null and void which proceeding has been instituted against the applicant at Kanpur to Deoria.
Additionally in the affidavit filed in support of the transfer application, it has also been pleaded that proceedings under Section 125 Cr.P.C. filed by the applicant are pending consideration at Deoria and that opposite party is attending these proceedings.
Counsel appearing for the opposite party has opposed the transfer application on the ground that written statements in the proceedings sought to be transferred have been filed by the applicant and issues have also been framed. At this belated stage there is no justification for allowing the transfer application.
On the pointed query by the Court, counsel for the opposite party admits the pendency of the maintenance case at Deoria and he also admits that opposite party is attending these proceedings.
In my considered opinion, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned. Moreover, the petition sought to be transferred as also proceedings for maintenance under Section 125 Cr.P.C. are both to be heard and decided by the Family Court.
In view of the above, the transfer application is liable to be and is hereby allowed.
Case No. 2783 of 2018 (Mohammad Nadeem Vs. Smt. Rubeena Parveen), under Section 7 of the Family Court pending before the Principal Judge, Family Court, Kanpur Nagar shall stand transferred to District Deoria, forthwith with the stipulation that the transferee court shall ensure that same dates are fixed in the transferred petition as also the petition under Section 125 Cr.P.C., which is stated to be pending at Deoria.
Order Date :- 13.2.2020 AKT