BRIJESH KUMAR GUPTA Vs. POONAM GUPTA

JUDGEMENT

(1.) Brijesh Kumar Gupta; applicant before this Court, has filed the present Transfer Application under Sections 23 (3) and 24 of the Code of Civil Procedure read with Section 21A (b) of Hindu Marriage Act, praying for transferring Divorce Petition No. 367 of 2001, Smt. Poonam Gupta v. Brijesh Gupta, under Sections 13 and 27, Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Meerut to the Court of VIIth Additional District Judge, Gwalior, where Matrimonial Petition No. 2A of 2000, Brijesh Kumar Gupta v. Smt Poonam Gupta, under Section 12. Hindu Marriage Act (to declare the marriage between the parties as void) is said to be already pending since before the filing of the aforementioned divorce petition by the wife at Meerut.

(2.) In para 10 of the affidavit, filed in support of the transfer application, the applicant, Brijesh Kumar Gupta has admitted that he had received notice of the said Matrimonial Divorce Petition No. 367 of 2001 (Annexure-2 to the affidavit) to appear in the case on July 30, 2001 when an attempt for reconciliation was made before the Family Court, Meerut. He also admitted that Family Court, Meerut, fixed 5.7.2002 vide its order dated 14.5.2002 and that the said Court has rejected his application for stay of the proceedings not finding favour with the prayer made by the said applicant (the husband) vide application (paper No. 18Ga) for transferring the matrimonial divorce petition at Meerut to Gwalior.

(3.) From the facts as stated in the affidavit in support of the transfer application, it is evident that husband-applicant has already submitted to the transfer of the Family Court, Meerut. by joining proceedings.