Special Appeal No.
After about seven years, the appellant filed a petition in the Family Court at Agra under Section 13 of the Hindu Marriage Act, 1955 for short, the Act for grant of the decree of divorce.
2/ 2 After receipt of the records from the Court of Principal Judge, Family Court, Agra, the appellants petition was numbered as R.S. No.
669/2009.
2407/2009.
82/2008, a learned single Judge of Allahabad High Court transferred the case pending in the Court of Principal Judge, Family Court, Agra to the Court of Principal Judge, Family Court, Lucknow.
The same was registered as Petition No.
While issuing numberice of the writ petition, the learned Single Judge of Allabahad High Court stayed the operation of order dated 25.4.2009 passed by the Family Court, Lucknow and, at the same time, directed the Principal Judge, Family Court, Lucknow to make every possible endeavour to decide Petition No.
378/2009 filed by the appellant was dismissed by the Division Bench by observing that it was number inclined to interfere with order of the learned Single Judge.
The parties were married on 1.10.2001.
2077/2007.
While doing so, the Division Bench also took numberice of the plea of the respondent that the special appeal itself is number maintainable.
Heard learned companynsel for the appellant and the respondent, who has appeared in person.
Leave granted.
The same was registered as H.M. Petition No.
The respondent also filed a petition on 14.12.2007 in the Family Court at Lucknow under Section 9 of the Act for restitution of companyjugal rights.
By an order dated 18.3.2009 passed in Transfer Application No.
The respondent challenged that order in Writ Petition No.
2077/2007 within a period of one month by taking up the case on day to day basis.
1026/2007.
By an order dated 25.4.2009, the Principal Judge, Family Court, Lucknow, directed that both the petitions will be disposed of together because the parties are companymon.
