ORDER :

Alok Mathur, J.

1. Heard Smt. Sonia Varshney, Petitioner in person and Sri Shireesh Kumar, learned counsel for the opposite party.

2. The applicant has preferred the aforesaid transfer applications under section 24 of the CPC for transfer of Suit No. 1994 of 2008 -Mukul Gupta versus Sonia Varshney, pending in court of the Principle Judge, Family Court, Lucknow, under Section 13 (a) of the in the Hindu Marriage Act (in Transfer Application No. 36 of 2019) and Original Suit No. 459 of 2019 - Sonia Varshney versus Mukul Gupta, pending in court of the Principle Judge, Family Court, Lucknow, under Section 22 of the Special Marriage Act, 1954 (in Transfer Application No. 35 of 2019), to any other Court of competent jurisdiction at Allahabad.

3. Since both the cases involve similar set of facts, this Court proceeds to decide both the cases by means of this judgment.

4. The applicant who has appeared in person, contends that her marriage was solemnized with the respondent on 11/06/1997 according to Hindu rites and Customs at Lucknow. Notice of the intended marriage was signed on 28/04/1997 under Special Marriage Act and marriage was solemnised on 13/06/1997, wherein the certificate was also issued under the Special Marriage Act, 1954. After the marriage the applicant along with the respondent resided at C - 79, Butler Palace Colony, Lucknow which is the residence of father of the respondent and performed her marital obligations. Out of the wedlock between the applicant and the respondent a female child has been born on 09/12/2000.

5. After some time differences arose between the applicant and respondent, due to which applicant left her matrimonial house and subsequently the respondent filed an application under Section 13 of the Hindu Marriage Act in the court of Principal Judge, Family Court, Lucknow being Case No. 305 of 2002 (renumbered as 1994 of 2008).

6. The applicant filed Transfer Application No. 75 of 2002, in Case No. 305 of 2002 (Mukul Gupta vs. Sonia Varshney), which was allowed and the case was transferred from the Court of Principal Judge, Family Court, Lucknow to Principal Judge, Family Court, Allahabad for disposal by means of order dated 03/12/2002.

7. Subsequently an application for recall was moved by the respondent, and this Court, by means of order dated 10/03/2003, recalled its earlier order dated 03/12/2002 and transferred the aforesaid case to Family Court at Raebareli, and further directed that in case no Family Court exists at Raebareli then the case shall be tried by Civil Judge (Senior Division), Raebareli for disposal according to law.

8. The respondent moved an application under Section 24 CPC seeking transfer of Suit No. 305 of 2002, from the Court of Civil Judge (Senior Division) Raebareli to the court of Principal Judge, Family Court, Lucknow. This Court by detailed order dated 15/10/2008, took note of the fact that the applicant is contesting 19 cases which are pending in various Courts in city of Lucknow, and their daughter is also studying in City Montessori School, Lucknow and as per the applicant's own admission her daughter is living in a hostel and she is receiving a substantial amount of Rs. 28,000/- as maintenance from her husband to sustain her life and has also been provided accommodation in the city as per directions of the Division Bench of this Court, in the interest of Justice allowed the application seeking transfer of Regular Suit No. 305 of 2002 from the Court of Civil Judge (Senior Division), Raebareli to the court of Principal Judge, Family Court, Lucknow with a direction that the case will be decided within a maximum period of 6 months'.

9. It has further been submitted that the applicant had initiated criminal proceedings against the respondent, his parents and married sisters against which the respondent preferred a Special Leave Petition (Criminal) before the Hon'ble Supreme Court, and by means of order dated 06/02/2009, the Hon'ble Supreme Court agreed to hear the matrimonial dis