Meenu v. Rakesh

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 818 of 2023 Applicant :- Meenu Opposite Party :- Rakesh Counsel for Applicant :- Arvind Agrawal Hon'ble Saral Srivastava,J.

¶1Heard Sri Arvind Agrawal, learned counsel for the applicant.

¶2The present transfer application has been filed by the applicant seeking transfer of Matrimonial Case No.1526 of 2019 (Rakesh Vs. Smt. Meenu), under Section 13 of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Agra to Principal Judge, Family Court, Firozabad.

¶3The transfer of the case has been sought on the ground that in a case instituted by the applicant under the Domestic Violence Act, the Civil Judge (S.D.)/F.T.C./A.C.J.M, Firozabad has passed an order of payment of compensation of Rs.1 lac in lump-sum and Rs.5,000/- as maintenance. It is stated that the respondent is not paying the said amount to the applicant. Besides this, an order has been passed by the Principal Judge, Family Court, Agra in the present suit under Section 24 of the Hindu Marriage Act granting maintenance and as on today, Rs.1,80,000/- is due against the respondent which has not been paid, and since no amount of maintenance is being paid to the applicant, that is causing hardship to the applicant.

¶4Be that as it may, the suit under Section 13 of Hindu Marriage Act has been instituted in the year 2019. Since the suit under Section 13 of Hindu Marriage Act was not disposed off, opposite party approached this Court by filing Matter Under Article 227 No.1002 of 2022 in which this Court directed the Principal Judge, Family Court, Agra to decide the Case No.1526 of 2019 expeditiously, preferably within a period of nine months by order dated 09.03.2022.

¶5No order sheet of the aforesaid case has been filed alongwith the record nor there is any averment in the application disclosing the reason for non-disposal of the aforesaid case within the time framed fixed by this Court in Matter Under Article 227 No.1002 of 2022.

¶6The applicant, thereafter, moved an application before the Principal Judge, Family Court, Agra for transferring the case from the Family Court No.1 to some other court which was rejected by the Principal Judge, Family Court, Agra on 31.08.2023.

¶7The order of Principal Judge, Family Court, Agra dated

31.08.2023 reads as under:- "

आजसथथनथनतरणआववदनससनवथईहवतसपवशहहआ।पथथरयथचचककपथथरनथपतसथथनथनतरण

परससनथगयथ।पथथरयथचचनवपसतसतसथथनथनतरणपथथरनथपतइसबथयतपसतसतककयथगयथहह

ककममलवथदकवसमबनधममयथचचनवएकपथथरनथपतअनतगरतधथरथ24

कहनदमकववथहअधधकनयम

दथधखलककयथथथजककककनसतथररतहहआऔरउसममआजकदनथनकतक180000/-

रपयवकक

रथकशबकथयथहहधजसकवककयथनवयनहवतसयथचचनवएकपककणरवथददथधखलककयथहहआहहऔर

दकननवथदनममएकहचकदनथनककनयतरहतचहह।यथचचदथरथतचनगवथहकसवधजरहभचसमथपकक

जथचसककहह।इनतचननगवथकहयनकवददरथनकवपकचदथरथनयथयथलयसवआगहकरआशथसन

ककयवगयवककवहबकथयथरथकशचसकथदवगथलवककनआजतकअदथनहहकररहथहह।धजसपर

मथननचयनयथयथलयदथरथककईभचधयथननहहकदयथजथरहथहह।कनयतकदनथनक26.07.2023

ककजबयथचचपथथरदथरथमथननचयनयथयथलयसवमदधखकरपसवआगहककयथगयथककयथचच

कवअधधवकथकदनथनक28.07.2023

ककनयथयथलयममउपससथतअपनवकनजचकथरणकववजहसव

नहहहकसकवउसकवबथवजमदभचनयथयथलयदथरथकदनथनक28.07.2023

कनयतकरदचगयचऔर

इनसभचकथरणनककवजहसवयथतचककपररवथरनयथयथलयपथमसवनयथयककउममचदनहहहह।

अततवथदसन0 1526/2019,

रथकवशबनथममचनमअनतगरतधथरथ13

कहनदमकववथहअधधकनयम

पररवथरनयथयथलयसनखयथ-1

सवआपनयथयथलयकवसमकसथथनथनतरणकरनवकवआदवशपथररत

ककयवजथयव।इससमबनधममसमबसनधतपचठथसचनअधधकथरचआखयथपसतसतककगयच।

सथथनथनतरणपथथरनथपतममधनरथकशकवबकथयथकवसमबनधममपथथरदथरथकथनककयवगयवहह।

धनरथकशकथसमबनधवथदकवकनसतथरणसवनहहहहजबककपचठथसचनअधधकथरचककआखयथसव

कवकदतहहककमथननचयउचचनयथयथलयदथरथ9

मथहकवअनतगरतसमबसनधतमथमलवकक

कनसतथररतककयवजथनवकथकनदरशजथरचककयथगयथहह।सथथनथनतरणपथथरनथपतममआधथर

पयथरपनहहहह।अततपथथरकथसथथनथनतरणपथथरनथपतकनरसतककयथजथतथहह।आदवशककएक

पकतसमबसनधतनयथयथलयममभवजचजथयव।"

¶8After having been unsuccessful in getting the case transferred from the Family Court No.1 to some other court, now applicant has approached this Court by means of filing the present transfer application seeking transfer of Case No.1526 of 2019.

¶9The record reveals that case is pending since 2019 and applicant is participating in the proceedings. The applicant has not stated even a single word about the reason for non-disposal of the case within the time framed fixed by this Court to decide the Case No.1526 of 2019 within nine months. Further, the applicant has already approached the Principal Judge, Family Court Agra for transfer of the case from Family Court No.1 to some other court.

¶10The applicant has not assailed that order and now she has approached this Court for transferring of the case.

¶11In the opinion of the Court, the applicant cannot be permitted to misuse the process of law as the transfer application cannot be used a ploy to harass the other side. If maintenance granted to the applicant has not been paid by the opposite party, the applicant has remedy of getting that order executed.

¶12In such view of the fact, this Court is of the opinion that the ground on which the transfer of the case is sought is misconceived.

¶13Consequently, transfer application is dismissed with no order as to costs. Order Date :- 12.10.2023 Sattyarth High Court of Judicature at Allahabad