This transfer petition has been filed by the petitioner-wife
seeking transfer of divorce petition filed by the respondent-
husband in the Court of Vth Additional Principal Judge, Family
Court, Bengaluru, Karnataka to a Court of competent jurisdiction at
Allahabad, Uttar Pradesh.
Having heard the learned counsel for the parties and
considered the pleadings, this Court is of the opinion that in the
larger interest of justice, orders for the conduct of the
proceedings are warranted. Accordingly, following directions are
issued:
a) The Family Court at Bengaluru before which the
proceedings in M.C. No.5296 of 2018 are pending and
were stayed by this Court by order dated 11.09.2019,
Mukesh Nasa
Mediation Centre.
Considering the pendency of mediation
proceedings, which shall be conducted for next 10
weeks, the Family Court shall not take up the
proceedings on merits.
b) The Mediation proceedings shall be conducted online
on such date(s) as are convenient to the parties and
the concerned Mediator(s). Such proceedings shall be
concluded within 10 weeks.
c) In case of a settlement, the Family Court at
Bengaluru, which is seized of the proceedings, shall
pass orders having regard to the settlement arrived
at between the parties.
d) In case no settlement is arrived at or the mediation
proceedings remain inconclusive, the Family Court
shall take up the proceedings and continue with them
in accordance with law, after the said period of 10
weeks.
For the facility and convenience of the parties, the Family
Court shall conduct the proceedings online. This is with the
express agreement of all parties.
In case the presence of the petitioner is required on any
particular date, the Family Court at Bengaluru shall fix date(s)
convenient to the petitioner. In such event, the Family Court shall
ensure that the petitioner is paid Rs.10,000/- (Rupees Ten Thousand
Only) for every date of hearing when she will be required to remain
present for recording of her evidence and/or for such other
purposes as are necessary. The respondent shall pay the said
amount to the petitioner.
This transfer petition is disposed of in the aforesaid terms.
OCTOBER 04, 2021