This transfer petition has been filed by the petitioner-wife
seeking transfer of the petition filed under Section 9 of the Hindu
Marriage Act, 1956 by the respondent-husband in the Court of
Principal Judge, Family Court, Gorakhpur, Uttar Pradesh to the
Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh.
By Order dated 14.11.2018, notice was issued in this case and
the proceedings in H.M.A. No.493 of 2018 were stayed.
Order dated 06.01.2020 recorded that the respondent was
served. By Orders dated 04.06.2020 and 18.06.2020, this Court
recorded that there was no appearance on behalf of the respondent.
Even today, there is no appearance on behalf of the respondent, who
has not opposed the petition even though he has been made aware of
it in the pending proceedings under Section 125 of the Code of
Criminal Procedure, 1973 initiated by the petitioner.
Having regard to the pleadings and the submissions made on
SignaturebehalfNot Verified of the petitioner, this Court is of the opinion that request Mukesh Nasa
Pradesh to the Court of Principal Judge, Family Court, Bhopal,
Madhya Pradesh, is justified.
Consequently, the petition bearing H.M.A. No.493 of 2018,
titled as “Prem Prakash Srivastava v. Shakun Srivastava”, pending
in the Court of the Principal Judge, Family Court, Gorakhpur, Uttar
Pradesh is transferred to the Court of Principal Judge, Family
Court, Bhopal, Madhya Pradesh.
The Family Court at Gorakhpur is directed to transmit the
entire record to the transferee Court immediately.
The transferee Court shall decide the case so transferred as
expeditiously as possible and in any case on or before 31.12.2022.
The Registry is directed to send a copy of this Order to both
the Courts immediately for compliance.
This transfer petition is allowed accordingly.