ANKIT UPADHYAY Vs. THE DISTRICT JUDGE, FAMILY COURT

JUDGEMENT

(1.) This Transfer Application under sec.24 CPC has been filed for transfer of Civil Case No.28/ 2015 {Smt Pritipriya v. Ankit Upadhyaya } pending in the court of Family Court, Bhilwara to any other court.

(2.) Briefly stated, marriage between the parties was solemnized on 19.11.2013 as per Hindu rites and customs. The non-petitioner wife preferred a petition under sec.13 of the Hindu Marriage Act on 21.02.2015 on the ground of cruelty by petitioner towards the non-petitioner. After service of summons, the petitioner appeared and filed reply to the petition. The non-petitioner filed an application under sec.24 of the Act for grant of interim maintenance during pendency of petition under sec.13 of the Act. A reply to said application was submitted by the petitioner and controverted the averments made in the application. During pendency of the application under sec.24 of the Act, the non-petitioner moved an application on 14.12.2015 praying therein that record of statement of Bank account of petitioner be called from ICICI Bank, Nimbaheda and the service record of the petitioner be also called from the company where he is in service i.e. J.K. Cement. A reply to said application was filed by the petitioner, stating that the application is not maintainable and therefore, the same be dismissed.

(3.) The matter was posted for arguments on the application under sec.24 of the Act on 01.03.2017. On said date, arguments on the application were heard, order was reserved and next date given in the matter for pronouncement of the order was 02.03.2017. On said date, petitioner and so also his amicus curiae were not present but the non-petitioner filed an application, no copy whereof was furnished to petitioner or his amicus curiae. However, on the very day i.e. 02.03.2017 decided said application and passed directions in this regard.