Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 596 of 2018 Applicant :- Shivani Tyagi Opposite Party :- Vimal Tyagi Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- Saurabh Trivedi,Pradeep Kumar Rai
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 Meerut to Muzaffarnagar on the ground of convenience.
Additionally it has been submitted that proceedings under Section 125 Cr.P.C for maintenance, instituted by the applicant are pending consideration at Muzaffarnagar.
Counsel appearing for the opposite party has not denied the pendency of the maintenance case at Muzaffarnagar.
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.
Admittedly, both the cases namely the case under Section 125 Cr.P.C. as also the proceedings under Section 13 for divorce sought to be transferred by means of this transfer application are both to be heard and decided by the Family Court.
I accordingly, allow the transfer application and direct that Case No. 1341 of 2018, Vimal Tyagi vs. Shivani Tyagi pending in the court of Principal Judge Family Court, Meerut shall stand transferred to District Muzaffarnagar, 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 14:29:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad