Court No. - 9 Case :- APPLICATION UNDER SECTION 24 C.P.C. No. - 42 of 2003 Petitioner :- Smt. Madhuri Devi Respondent :- Santosh Kumar Petitioner Counsel :- Aditya Tewari Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
By means of present application, the applicant seeks to transfer the Regular
Suit No. 69 of 2002, Santosh Kumar vs. Smt. Madhuri Devi, filed under
Section 9 of Hindu Marriage Act, pending in the Court of Family Court,
Faizabad to the Family Court, Sultanpur in the interest of justice.
The submission of the counsel for the applicant is that marriage of the
applicant was solemnized with the opposite party in the month of April, 1995.
The further submission of the counsel for the applicant is that at the time of
marriage the father of the opposite party demanded scooter as a dowry but due
to interference of some relatives the demand of articles were kept in abeyance.
After marriage, the applicant was continuously tortured by the members of
her in-laws house and on being serious condition of the applicant, the father in
law, husband and other members of the family taken away the applicant at her
father’s house. The opposite party filed an application as Case No.69 of 2002
under Section 9 of Hindu Marriage Act before the Family Court, Faizabad.
Since the applicant is under apprehension of her life, therefore, she
approached this Court for transfer of the case to Family Court Sultanpur.
This Court by means of order dated 28.07.2003 stayed the further proceedings
till the next date of listing and the said order is being extended from time to
time.
Sri Ashkari Husain appeared on behalf of the opposite party and submitted
that he has no objection to transfer the Regular Suit No.69 of 2002, Santosh
Kumar vs. Smt. Madhuri Devi to the Family Court Sultanpur.
In view of the above and considering the facts and circumstances of the case,
it is hereby directed that the Regular Suit No. 69 of 2002, Santosh Kumar vs.
Smt. Madhuri Devi filed under Section 9 of Hindu Marriage Act, pending
before the Family Court, Faizabad is transferred to the Family Court
Sultanpur. The Family Court Faizabad is directed to transmit the record
forthwith to the Family Court Sultanpur.
With the aforesaid observations and directions, the application is disposed of
finally.
Order Date :- 2.2.2010
Suresh/-