Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 572 of 2018 Applicant :- Sarika Srivastava Opposite Party :- Alok Kumar Srivastava Counsel for Applicant :- Gunjan Sharma,Pankaj Sharma
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
This transfer application has been filed by the wife seeking transfer of a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights filed by the husband at Allahabad. Its transfer is being sought to District Fatehpur on the ground that the applicant-wife has instituted a petition under Section 13 of the Hindu Marriage Act for divorce.
In my considered opinion, once the divorce petition has been filed, the proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, for all practical purposes have been rendered infructuous. Therefore, no useful purpose is going to be served by transferring these proceedings to Fatehpur.
The applicant may, if so advised, intimate the Court where the proceedings under Section 9 of the Hindu Marriage Act are stated to be pending, about the filing of the divorce petition, at Fatehpur.
Subject to the above, this transfer application stands disposed of.
Order Date :- 26.11.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.11.26 19:25:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad