SUSHILA Vs. NAVEEN KUMAR

JUDGEMENT

(1.) IN this transfer application, notices for final disposal were ordered to be issued on 18.01.2008 returnable within four weeks. and further proceedings in Case No. 179/2007 pending in the Family Court, Udaipur were ordered to remain stayed for five weeks. Notices were returned unserved for want of correct and complete address and the matter was placed for orders before the Court on 03.03.2008.

(2.) ON 03.03.2008, this Court passed the following order: Notices have been returned back unserved for want of correct and complete address. The petitioner should file notices on correct and complete present address of the non -petitioner within two weeks. On being questioned, if the petitioner has filed reply to the petition pending before the Family Court at Udaipur, learned Counsel expresses want of instructions in that regard. If the petitioner has not filed reply so far, it shall be required of the petitioner to file reply to the petition as pending before the Family Court, Udaipur and for that purpose, the petitioner may send reply by registered post to the Court concerned while sending copy to the non -petitioner by the same mode; and it shall be required of the petitioner to file copy of such reply before this Court. Two weeks time is granted for the purpose, as prayed. If a copy of reply and notices on correct and complete address of the non -petitioner in two sets are filed within two weeks, the same may be issued, returnable on 27.03.2008. One set may be given 'Dasti' to the learned Counsel for the petitioner for service on the nonpetitioner by registered post acknowledgement due. It shall be required to the petitioner to file postal receipt of the notices also to the Registry of this Court within a week of issuance of notices.

(3.) HOWEVER , the petitioner did file notices in this petition on 04.03.2008; and the office, in utter disregard to the requirements of the order dt. 03.03.2008, issued the notices as filed by the petitioner. Notices were ordered to be awaited on 27.03.2008 and the matter was ordered to be placed today. The non -petitioner, having been served with registered post notices, has put in appearance through counsel.