Case is called out in the revised list. Learned counsel for applicant is present. No one is present on behalf of opposite party. On the last also i.e. on 31.07.2019 when the case was called out the counsel for opposite party was not present. Office has submitted mediation report dated 31.07.2019 which shows that the mediation between the parties has failed.
Present transfer application is filed by applicant-wife for transfer of Regular Suit No.1330 of 2017; 'Alok Singh Vs. Abha Singh, filed under Section 13 of Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Sitapur to the court of Principal Judge, Family Court, Lucknow. Since, the matter is of the year 2017 and despite repeated opportunity is being granted no one is present on behalf opposite party today, hence the matter is being finally heard and disposed of.
Heard learned counsel for applicant.
Submission of learned counsel for applicant is that applicant has filed a Suit No.1208 of 2017 for maintenance under Section 125 of Cr.P.C. which is pending before the Principal Judge, Family Court, Lucknow. Learned counsel for the applicant submits that the Regular Suit No.1330 of 2017 has been filed by respondent-husband at district Sitapur only to harass the applicant and for no other purpose. He further submits that the wife is facing grave difficulty in attending court in a far away district which have been enumerated in the transfer application.
Looking in to the facts and circumstances of the case as well as law settled by the following judgments-Sumita Singh Vs. Kumar Sanjay and another, 2001 (10) SCC 41, Leena Mukherjee Vs. Rabi Shankar Mukherjee, 2002 (10) SCC 480 and Smt. Kuhu Banerjee Vs. Sanjeev Rai Chaudhary and another, 2009 (27) LCD 1162 and as a suit for maintenance under Section 125 Cr.P.C. is already pending before the Court of Principal Judge, Family Court, Lucknow, hence, the present transfer application is allowed and Regular Suit No.1330 of 2017; 'Alok Singh Vs. Abha Singh', under Section 13 of Hindu Marriage Act, which is pending before the Court of Principal Judge, Family Court, Sitapur is transferred to the Court of Principal Judge, Family Court, Lucknow.
The court below shall ensure compliance of this order within a period of four weeks from the date a certified copy of this order is placed before it and transfer the record.
With the aforesaid, present transfer application is allowed.
Order Date :- 29.8.2019 Arti/-