Court No. - 7 Case :- APPLICATION UNDER SECTION 24 C.P.C. No. - 26 of 2009 Petitioner :- Smt. Zameela Respondent :- Shri Naseem Alias Raju Petitioner Counsel :- Manoj Kumar Dubey,Deena Nath Mishra Hon'ble Dr. Satish Chandra,J.
As per office report dated 11.05.2010, the service of the
notice on the opposite parties is sufficient. The case
was listed on 14.5.2010 but none appeared on behalf of
the opposite parties inspite of the sufficient service.
When the case was called today, again none appeared
on behalf of the opposite parties.
Heard Sri Manoj Kumar Dubey, learned counsel for the
applicant.
Present application has been moved for transferring the
Suit No. 64 of 2008 (Naseem v. Zameela) pending
before the Civil Judge (Junior Division) South, Unnao to
Principal Judge,Family Court, Lucknow.
Learned counsel for the applicant submits that the
petitioner’s husband has filed a regular suit no. 64 of
2008 (Naseem v. Zameela) under Section 9 for
Restitution of Conjugal Rights before Civil Judge (Junior
Division) South, Unnao, which is still pending. The
applicant is living at Lucknow along with the children.
He further submits that the applicant has also filed a
petition under Section 125 Cr.P.C. for maintenance. He
also submits that the petitioner cannot go to attend the
case at Unnao as she has no source of income and is
presently residing with her parents.
By considering the totality of the facts and
circumstances of the case, it appears that the applicant
is living along with the children at Lucknow while her
husband is living at Unnao where he has filed the suit
for Restitution of Conjugal Rights. Hon’ble Supreme
Court in the case of Sumita Singh v. Kumar Sanjay
and another; (2001) 10 SCC 41 has observed that
convenience of wife must be looked at on the facts in
the husband’s suit against the wife. Similar view has
also been taken by this Court at Allahabad in the case
of Smt. Kuhu Banerjee v. Sanjeev Rai Chaudhary
and another; 2009 (27)LCD 1162.
In view of the settled proposition of law, the Suit No. 64
of 2008 (Naseem v. Zameela) pending before the Civil
Judge (Junior Division) South, Unnao be transferred to
Principal Judge, Family Court, Lucknow.
The transfer application is allowed.
Order Date :- 21.7.2010
KS/