Court No. - 4 Case :- TRANSFER APPLICATION (CIVIL) No. - 13 of 2010 Petitioner :- Smt. Megha Saxena Respondent :- Ashish Kumar Petitioner Counsel :- Madhavendra Mishra Hon'ble Krishna Murari,J.
Heard learned counsel for the applicant.
By means of this application, the proceedings initiated by the respondent
husband under Section 9 of the Hindu Marriage Act before the Civil Judge
(Senior Division), Gautam Budh Nagar is being sought to be transferred to
the district Ghaziabad. A perusal of the pleadings goes to show that there
is serious dispute going on between the parties who are husband and wife
inasmuch as F.I.R. under Section 498A, 323, 504 & 506 I.P.C. read with
Section ¾ of the Dowry Prohibition Act was filed by the applicantwife
which was challenged before this Court by the opposite party and other
accused person wherein their arrest has been stayed. Certain complaint
was also made by the wife under Section 12(I) of the Protection of Women
from Domestic Violence Act, 2005 before the Judicial Magistrate which has
been challenged by the husbandopposite party by filing a petition under
Section 482 Cr.P.C. before this Court. Vide order dated 17.11.2009, the
dispute has been referred to the Mediation Centre with the direction to
decide the dispute expeditiously preferably within a period of three months.
Since the dispute has been referred to the Mediation Centre and there is a
chance of reconciliation, it would be appropriate that till such time the
Mediator submits the report, the proceedings of the matrimonial case no.
615 of 2009 under Section 9 of the Hindu Marriage Act pending before the
Civil Judge (Senior Division), Gautam Budh Nagar be stayed.
Let this application be connected with petition no. 24953 of 2009 filed
under Section 482 Cr.P.C.
Order Date :- 18.1.2010
nd