Court No. - 19 Case :- FIRST APPEAL No. - 693 of 2009 Petitioner :- Smt. Seema Dwivedi Respondent :- Dr. Prashant Dwivedi Petitioner Counsel :- Sumati Rani Gupta Respondent Counsel :- Vikrant Pandey Hon'ble Sanjay Misra,J.
An affidavit has been filed by Dr. Prashant Dwivedi-respondent in
this case through his counsel Sri Vikrant Pandey today, let the
same be taken on record.
This First Appeal has been filed under Section 28 of the Hindu
Marriage Act, 1956 being aggrieved against an order dated
1.12.2009 passed in case no. 1094 of 2008 (Dr. Prashant Dwivedi
Vs. Smt. Seema Dwivedi) by the Additional District Judge, Room
No. 10 Saharanpur, whereby the issue regarding jurisdiction of the
Court at Saharanpur has been decided and it has been held that the
Court at Saharanpur has jurisdiction to entertain the case.
In the affidavit filed by the respondent in whose favour, the trial
court had decided the issue of jurisdiction, it has been stated that
he does not have any objection, if the case itself is tried before the
Family Court at Agra and as such contends that the matter be
transferred from the Court of Saharanpur to the Competent Court
at Agra.
Learned counsel for both the parties also submit that the case may
be decided by the Family Court at Agra and as such the matter be
transferred.
From the aforesaid averment made in the affidavit filed by the
respondent and submission advanced by Miss Sumati Rani Gupta,
learned counsel for the appellant and Sri Vikrant Pandey, learned
counsel for the respondent it would be appropriate that the case
No. 1094 of 2008 (Dr. Prashand Dwivedi Vs. Smt. Seema
Dwivedi) pending in the Court of Additional District Judge, Room
No. 10 Saharanpur be transferred to the Competent Court (Family
Court) at Agra.
In view of the aforesaid circumstances, without interfering in the
impugned order insofar as its merit is concerned, it is directed that
the aforesaid case be transferred forthwith from Saharanpur to
Agra as indicated above. The appeal stands finally disposed of
with a direction to file a certified copy of this order before the
Additional District Judge, Room No. 10 Saharanpur/District
Judge, Saharanpur within two weeks from today and appear before
the Family Court/ Competent Court at Agra on 15.2.2010 by
which time the record must be transmitted.
This order has been passed with the consent of the parties,
however it shall not effect any rights and contentions which may
be raised before the trial Court.
Order Date :- 7.1.2010
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