SEEMA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Additional Government Advocate, who has accepted notice on behalf of respondent no. 1. Let notice be issued to respondent no. 2, returnable at an early date. It comes out that the petitioner had filed an application under 125 Cr.P.C. in the Family Court at Faizabad while the respondent no. 2 had moved an application under Section 9 Hindu Marriage Act in the Family Court, Lucknow and they are pending. It has been stressed by the learned counsel for the petitioner that whenever the petitioner approaches the Family Court at Lucknow, she is threatened of dire consequences by the respondent no. 2 and, as such, the proceedings initiated by the respondent no. 2 under Section 9 of the Hindu Marriage Act be also transferred to Family Court, Faizabad. It has been argued by the learned counsel for the petitioner that the petitioner being lady it is difficult for her to approach the Family Court at Lucknow where the proceeding initiated by the respondent no. 2 is going on. Let the things be as they are, till next date of listing proceedings of Regular Suit No. 769 of 2007 under Section 9 Hindu Marriage Act, pending in the Family Court, Lucknow shall remain stayed. List this petition after service upon respondent no. 2.