Heard Sri Sushil Kumar Dubey, learned counsel for the applicant.
Learned counsel for the applicant submits that applicant is a lady and wife of opposite party Jitendra. The applicant is a teacher in a Primary School, Auraiya. She has been mentally and physically tortured by her in-laws, hence, she has moved a complaint under Section 12 of Protection of Women From Domestic Violence Act before the court of Civil Judge (J.D./F.T.C) Auraiya which was registered as Case No.2586 of 2019 (Anu vs. Jitendra and others) at Police Station Dibiyapur, District Auraiya. He further submits that as a counter blast to the complaint filed by the applicant, the opposite party no.2 has filed a Case which was registered as Case No.545 of 2020 (Jitendra vs. Smt. Anu) under Section 9 of Hindu Marriage Act before the court of Principal Judge, Family Court, Kanpur Dehat, which is still pending. He further submits that being a lady it is not possible for the applicant to contest the case filed by her husband at Kanpur Dehat whereas she is residing at Auraiya.
Matter requires consideration.
Issue notice to the respondent returnable at an early date.
Steps be taken within 48 hours by Registered Post A.D. Respondent may file counter affidavit within three weeks. The applicant shall have a week thereafter to file rejoinder affidavit.
List this matter on 26th November, 2021.
Considering the facts and circumstances of the case, as an interim measure, it is provided that further proceeding of Case No.545 of 2020 (Jitendra vs. Smt. Anu) under Section 9 of Hindu Marriage Act before the court of Principal Judge, Family Court, Kanpur Dehat, shall remain stayed till the next date of listing.
Order Date :- 21.10.2021 Ajeet