In this case, service of notice upon the respondent is sufficient as reported by the office vide its report dated 05-07-2019. However, till date, no one has put in appearance for the respondent.
Heard learned counsel for applicant.
Present transfer application is filed by applicant-wife for transfer of two cases i.e. O.S. No. 429 of 2014, Piyush Kumar Singh Versus Smt. Arti Singh and Case R.M. No. 84 of 2017, Smt. Arti Singh Versus Piyush Kumar Singh, pending in the court of Principal Judge,Family Court, Hardoi to the court of Principal Judge,Family Court, Lucknow. The first case was filed by under section 9 of the Hindu Marriage Act by the husband while the second case was filed by the applicant-wife under section 24 of the Hindu Marriage Act. The grounds taken in the transfer application for transfer of the said cases are that the husband, who is a doctor, is well placed and is living at district-Hardoi. There is one minor daughter, who is living with the applicant-wife at Lucknow and she has no source of earning. Therefore, it is difficult for her to regularly go to district-Hardoi to contest the said cases.
It is further stated that the applicant-wife has filed Crl. Case No. 1218 of 2017 for maintenance under section 125 Cr.P.C., which is pending before the court of Principal Judge, Family Court, Lucknow and the husband is regularly visiting Lucknow to contest the said case. Therefore, learned counsel for the applicant prays that said two cases may be transferred from district-Hardoi to district-Lucknow and all the three cases may be contested by the parties in the same court.
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, the present transfer application is allowed and O.S. No. 429 of 2014, Piyush Kumar Singh Vesus Smt. Arti Singh and Case R.M. No. 84 of 2017, Smt. Arti Singh Versus Piyush Kumar Singh, pending in the court of Principal Judge, Family Court, Hardoi 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 :- 28.8.2019 AKS