Heard learned counsel for the applicant.
Transfer of the proceedings under Section 26 of the Hindu Marriage Act initiated by the respondent-husband is being sought to be transferred by the applicant-wife mainly on the ground that she being a lonely lady living at Allahabad with a minor child, it is not possible for her to attend the dates being fixed in the proceedings at Lucknow. It has further been contended that the proceedings under Section 125 Cr. P. C. between the parties are already pending before the Principal Judge, Family Court, Allahabad and as such it would be proper that the proceedings under Section 26 of the Hindu Marriage Act may also be transferred to Allahabad.
Prima facie, there appears to be force in the submission and the matter needs scrutiny.
Issue notice to respondent, who may file counter affidavit.
Apart from normal mode of service, the applicant shall also take steps for service of notice by registered post within ten days.
Office shall issue notice returnable within six weeks.
List for admission immediately after service of notice on respondent.
Till the next date of listing, further proceedings of Case No. 100 of 2009, Chandi Das Chatterji Vs. Nimisha Chatterji pending before the Principal Judge, Family Court, Lucknow shall remain stayed.
Order Date :- 13.1.2010 Dcs