Allahabad High Court High Court

Amita Devi vs Sri Rajesh Prasad on 21 January, 2010

Allahabad High Court
Amita Devi vs Sri Rajesh Prasad on 21 January, 2010
Court No. - 4

Case :- TRANSFER APPLICATION (CIVIL) No. - 17 of 2010

Petitioner :- Amita Devi
Respondent :- Sri Rajesh Prasad
Petitioner Counsel :- Hemant Kumar

Hon'ble Krishna Murari, J.

Transfer of the proceedings initiated by the respondent-husband
under Section 13 of the Hindu Marriage Act at Ballia is being
sought to be transferred by the applicant-wife on the ground that
she being a lonely lady living with her parents at Azamgarh, it is
not possible for her to attend the date being fixed in the
proceedings at Ballia. It has further been submitted that other
proceedings initiated by her under Section 125 Cr. P. C. are also
pending at Azamgarh.

Prima facie, there appears to be force in the submission and the
matter needs scrutiny.

Issue notice to respondent, who may file counter affidavit.

Applicant shall take steps for service of notice by registered post
within ten days.

Office shall issue notice returnable at an early date.

List for admission after service of notice on respondent.

Considering the fathers and circumstances, until further orders of
this Court, further proceedings of Case No. 31 of 2007, Rajesh
Prasad Vs. Amita Devi pending before the Family
Court/Additional District Judge-I, Ballia shall remain stayed.

Order Date :- 21.1.2010
Dcs