Court No. - 9 Case :- APPLICATION UNDER SECTION 24 C.P.C. No. - 45 of 2009 Petitioner :- Smt. Sunita Respondent :- Principal Judge Family Court Gorakhpur Petitioner Counsel :- Avadhesh Kumar Singh,B.L.Neeraj,Mahfooz Alam Respondent Counsel :- Anil Kumar Pandey,Rajeev Kumar Tripathi Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
A preliminary objection has been raised on behalf of the opposite party no.3
that by means of present application the applicant is seeking transfer of
Regular Suit No.93 of 2009, Sukhdev vs. Sunita Tyagi pending before the
Family Court, Gorakhpur and, therefore, the applicant is required to approach
this Court at Allahabad as the cause of action falls within the territorial
jurisdiction of Allahabad.
By means of present application, the applicant is seeking transfer of Regular
Suit No. 93 of 2009, Sukhdev vs. Sunita Tyagi, filed by the opposite party
no.3 under Section 9 of Hindu Marriage Act, 1955, from Principal Judge,
Family Court, Gorakhpur to Principal Judge, Family Court, Lucknow.
The submission of the counsel for the applicant is that marriage of the
applicant was solemnized on 09.03.2002. Immediately after marriage of the
applicant came to reside at her in-laws place in district Gorakhpur. The
husband of the applicant on complaint of family members started beating and
on account of continuous torture, the applicant came to Lucknow in her
parental house and also filed application under Section 125 Cr.P.C. for her
maintenance on 17.12.2008 before Family Court, Lucknow. The applicant is
presently residing with her widow mother at House No. 268 Sha/ 192 Cha
Shakti Nagar, Lucknow and having no source of income she is not able to do
effective pairavi of the case at Gorakhpur.
On the preliminary objection raised by the counsel for the opposite party no.3,
the counsel for the applicant is enable to satisfy this Court and only submitted
that since her case under Section 125 Cr.P.C. is pending at Lucknow,
therefore, this Court may kindly be pleased to direct for transfer the Regular
Suit No. 93 of 2009, Sukhdev vs. Sunita Tyagi pending before the Family
Court, Gorakhpur to Family Court, Lucknow.
I have considered the arguments of counsel for the respective parties.
I am of the considered view that this Court has lacks territorial jurisdiction, as
the Regular Suit No. 93 of 2009, Sukhdev vs. Sunit Tyagi is pending before
the Principal Judge, Family Court, Gorakhpur. The applicant is required to
approach this Court at Allahabad for transfer of her case.
In view of the above, the present application is dismissed for want of
territorial jurisdiction. However, it is open for the applicant to approach
before the appropriate forum.
Order Date :- 4.2.2010
Suresh/-