Heard learned counsel for the parties.
This application has been filed under section 24 CPC by the wife seeking transfer of proceedings initiated by her at Varanasi to Allahabad. It is alleged that when she was turned out of her matrimonial home, she started living with one of her elder sisters in Varanasi and as such filed divorce petition which was registered as Divorce Petition No. 317 of 2007: Smt. Rubi Malviya Vs. Ruchir Malaviya, before the Judge, Family Court, Varanasi. However, subsequently, some differences with her elders sister cropped up and she shifted to Allahabad and is residing with her other sister. In these circumstances, it has now become inconvenient for her to attend the court below on the dates fixed.
It has further been contended that the husband-respondent is also residing in Allahabad and the proceedings initiated by him under section 13 of the Hindu Marriage Act, which was registered as Marriage Case No. 779 of 2005: Ruchir Malaviya vs. Smt. Rubi Malviya in the Family Court, Allahjabad, was decreed ex-parte by judgement and order dated 31.1.2007 by Family Court, Allahabad, and the application filed by the applicant under Order IX Rule 13 CPC to recall the same, registered as Misc. Case No. 13 of 2008, is already pending at Allahabad.
In the facts and circumstances of the case, this Court feels it appropriate that since both the parties are residing at Allahabad and both the proceedings should be heard and decided together at Allahabad. Thus, the proceedings of Case No. 317 of 2007: Smt. Rubi Malaviya Vs. Ruchir Malaviya shall stand transferred from the Court of Principal Judge, Family Court, Varanasi, to the Court of Family Judge, Allahabad.
The writ petition stands disposed of.
Dt: 4.2.2010 sks-grade iv