- (1.) HEARD learned counsel for the applicant. Present application has been filed seeking transfer of? Petition No. 804 of 2014 under Section 13(1) of Hindu Marriage Act 1955 from the Court of Principal Judge Family Court, Varanasi to the court? having competent jurisdiction at Jaunpur.
(2.) IT is contended that the applicant is wife? who was illtreated and tortured? by the opposite party No.2 -husband for want of additional dowry which demand could not be fulfilled by the father of the applicant on account of which the applicant was physically assaulted and thereafter left at her parents house at Jaunpur.? It is next contended that on account of ill -treatment and after medical treatment a first information report was lodged by the applicant being case crime No. 2842 of 2014 under Section 323, 506 IPC and Section 3/4 D.P. Act against the opposite party No. 2 and in order to save the aforesaid proceedings and for not paying maintenance opposite party entered into compromise and took the applicant to her matrimonial house but again started torturing the applicant for want of additional dowry and the applicant was again left at her parents house along with her son where she is living with her father having no independent source of income and the father of the applicant is also not in a position to financially support her and her son.? It is argued that the proceedings which were initiated by the applicant was at district Jaunpur but only to save himself, opposite party No. 2 has initiated proceedings for divorce before the Principal Judge Family Court Varanasi.? It is argued that the applicant is a lady and has to support her minor son with no independent source of income, it is very difficult for her to contest the proceedings at Varanasi where she was threatened of dire consequences in case she attends the proceedings at Varanasi, therefore, it is prayed, that the matter may be transferred to the court having competent jurisdiction at Jaunpur and he has relied upon the judgment of? Hon'ble Apex Court in the matter of Sumita Singh versus Kumar Sanjay, 2001 LawSuit(SC) 363 in support of his contention.
(3.) ISSUE notice to the opposite party returnable within four weeks.? Steps be taken within a week. Opposite party may file counter affidavit within four weeks.? As prayed by learned counsel for the applicant, two week thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period before appropriate Court. Till the next date of listing, further proceedings of Petition No. 804 of 2014 under Section 13(1) of Hindu Marriage Act 1955 pending in the Court of Principal Judge Family Court, Varanasi shall be kept in abeyance.;