Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 507 of 2018 Applicant :- Renu Verma Opposite Party :- Vivek Mani Singh Counsel for Applicant :- Ray Sahab Yadav,Ran Jeet Singh Counsel for Opposite Party :- Rakesh Kumar Pandey,Shriman Narayan Tiwari
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The instant transfer application by the wife seeks transfer of a divorce petition filed by the husband at Kanpur Nagar to Jhansi on the ground that the opposite party is in fact, employed at Jhansi in the Bundelkhand University. He is working on the post of Lab Assistant. The second ground is that proceedings under Section 125 instituted by the applicant are pending consideration before the Family Court at Jhansi. It is therefore, sought to be contended that the divorce petition has been filed at Kanpur Nagar only with a view to harass the applicant. In case, the transfer application is allowed, the same shall be convenient also for the opposite party.
Counsel for the opposite party states that a criminal case had also been lodged by the applicant against him at Jhansi but the proceedings in that case had been stayed and the matter referred to the Mediation Centre, on an application under Section 482 Cr.P.C. filed by him.
Upon consideration of the submissions made by counsel for the parties, this Court finds substance in the contention of counsel for the applicant. It is admitted that opposite party is working as a lab assistant in Bundelkhand University in Jhansi. Even the pendency of the proceedings under Section 125 Cr.P.C. for maintenance before the Family Court, Jhansi is not in dispute.
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.
I accordingly, allow the transfer application and direct that Case No. 1082 of 2017, Vivek Mani Singh vs. Renu Verma pending in the court of Principal Judge Family Court, Kanpur Nagar shall stand transferred to District Jhansi, forthwith subject to the stipulation that the transferee court shall ensure that identical dates are fixed in transferred case as also the proceedings under Section 125 Cr.P.C. between the parties.
Order Date :- 21.8.2019 sweta Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.22 14:29:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad