Court No. - 4 Case :- TRANSFER APPLICATION (CIVIL) No. - 142 of 2009 Petitioner :- Rashmi Lata Pandey Respondent :- Pradeep Kumar Petitioner Counsel :- Rajesh Kumar Srivastava Respondent Counsel :- Shailesh Pandey,Smt.Rachna Dubey,V. Prakash Hon'ble Krishna Murari, J.
This is an application filed by applicant-wife seeking transfer of
proceedings of case no. 487 of 2007 filed by respondent-husband
before the Civil Judge (Senior Division), Mirzapur to Varanasi on
the allegation that husband is living at Mumbai while after being
turned from matrimonial house, she is residing with her father at
Varanasi and doing Ph. D. in Hindi from Mahatama Gandhi Kashi
Vidyapeeth, Varanasi.
Learned counsel appearing for the respondent-husband states that
respondent has some apprehension of danger to his life and limb if
he visits to Varanasi and in such circumstances, proceedings may
be transferred to any district other than Varanasi. It has further
been stated by the learned counsel for the respondent that for the
same reason proceedings of case no. 105 of 2009 initiated by
applicant-wife under Section 125 Cr. P. C. at Family Court,
Varanasi may also be transferred.
Learned counsel appearing for the parties agree that both the
proceedings may be transferred to district Jaunpur.
In view of the consensus given by learned counsel for the parties
and the facts and circumstances of the case without entering into
the merits of the allegations and counter allegations made by the
parties, the proceedings of case no. 487 of 2007 Pradeep Kumar
Vs. Smt. Rashmi Lata Pandey pending before the Civil Judge
(Senior Division), Mirzapur and the proceedings of Case no. 105
of 2009, Rashmi Lata Pandey Vs. Pradeep Kumar, under Section
125 Cr. P. C. pending before the Family Court, Varanasi stand
transferred to district Jaunpur to be decided by a court of
competent jurisdiction.
Order Date :- 1.7.2010
Dcs