Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 362 of 2015 Applicant :- Smt. Prabha Mani Opposite Party :- Rakesh Mani Counsel for Applicant :- Shailesh Kumar Pandey Counsel for Opposite Party :- Sushil Kumar Mishra
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant and Shri S.K. Mishra for the respondent.
This is a transfer application by the wife seeking transfer of Case No. 30 of 2015 (Rakesh Mani Vs. Smt. Prabha Mani), a case under Section 13 of the Hindu Marriage Act for divorce, which has been instituted by the husband at Deoria.
Transfer of this case is sought to Kushinagar on the ground of convenience and also on the ground that a case under Section 125 Cr.P.C. instituted by the applicant is pending consideration at Kushinagar.
Counsel for the respondent has opposed the transfer application on the ground that in 2015, he had obtained a direction from the writ Court for expeditious disposal of the divorce petition but the order could not be complied with on account of the dilatory tactics adopted by the applicant.
Be that as it may, in my considered opinion, all cases between the parties should be decided at one place.
Accordingly, I directed that Case No. 30 of 2015 (Rakesh Mani Vs. Smt. Prabha Mani) shall stand transferred to District Kushinagar, forthwith, to be decided expeditiously without granting any unnecessary adjournment to either party.
Subject to the above observation, this transfer application is allowed.
Mayank Order Date :- 28.11.2017 Digitally signed by ANJANI KUMAR MISHRA KUMAR ANJANI DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04 9885bf64ad5bbb33050e3dfe3e21092 7d94f413, SERIALNUMBER=004ee64f25f9f36f8 MISHRA 5dbdc71f5b0ec1e2f0938431e25dbbad c93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2017-11-29 10:07:10