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2021 Supreme(SC) 1111

S. RAVINDRA BHAT
Shakun Sivastava – Appellant
Versus
Prem Prakash Srivastava – Respondent


Advocates:
Advocate Appeared:
For the Appelant : Mr. B.S. Rajesh Agrajit, Adv. Mr. Shyamal Kumar, AOR

ORDER :

1. 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, Gorkhpur, Uttar Pradesh to the Court of Principal Judge, Family Court, Bhopal, Madhya Pradesh.

2. 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.

3. 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.

4. Having regard to the pleadings and the submissions made on behalf of the petitioner, this Court is of the opinion that request for transfer of proceedings from the Family Court, Gorakhpur, Uttar Pradesh to the Court of Principal Judge, Family Court, Bhopal Madhya Pradesh, is justified.

5. Consequently, the petition

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