VINAY PANDEY Vs. ROSHAN KUMAR TIWARI

JUDGEMENT

(1.) This is an application seeking transfer of Matrimonial, case No. 255 of 1997 filed by the respondent under Section 9 of the Hindu Marriage Act, titled Roshan kumar Tiwari v. Vinay Pandey and anr. and pending before the Family court at Gorakhpur.

(2.) It appears that the parties were married on 2/6/1996 but thereafter the relations between the parties became strained. The petitioner, apart from filing an FIR at Police station Bhajanpura on 25/06/1997, under Sections 406/498 Indian Penal Code, has also filed a petition under Section 125 Criminal Procedure Code. claiming maintenance from the respondent. That application was filed on 1/9/1997 and is pending before the Additional chief Metropolitan Magistrate, Delhi. It is stated that the petitioner is also living in Delhi with her parents.

(3.) After hearing learned counsel for the parties and keeping in view the fact that the two other cases, one under Section 125 cr. P. C. and the criminal case arising out of FIR No. 420 of 1997 are pending in Delhi, it appears appropriate to us to withdraw matrimonial Case No. 255 of 1997, titled roshan Kumar Tiwari v. Smt. Vinay pandey and Anr. from Family court at gorakhpur and transfer the same for its disposal in accordance with law to the family court at New Delhi. We make an order accordingly. The learned Presiding officer of the Family court at Gorakhpur shall send the record of the case to the transferee court without delay.