Shalini Gupta v. Kapil Chanchal Alias Lucky

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 8 of 2021 Applicant :- Shalini Gupta Opposite Party :- Kapil Chanchal Alias Lucky Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- Vijay Gopal,Mahendra Pratap Singh Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant and learned counsel for the respondents.

¶2The present application has been filed by the applicant-wife seeking transfer of Case No.459 of 2020 (Kapil Chanchal Alias Lucky Vs. Smt. Shalini Gupta @ Shalu), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, Shahjahanpur to court of Principal Judge, Family Court, Lucknow.

¶3It is submitted by the learned counsel for the applicant that a proceeding Section 125 of Cr.P.C. has been instituted by the applicant against the opposite party at Lucknow whereas opposite party has instituted the divorce petition at Shahjahanpur. It is submitted that applicant is residing with her aged parents at Lucknow and is totally depends upon her aged parents. It is further submitted that distance between Lucknow to Shahjahanpur is more than 250 kilometre and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Lucknow to Shahjahanpur to contest the case instituted by opposite party at Lucknow to Shahjahanpur on each and every date fixed in the matter. It is further submitted that financial condition of applicant is not good to do pairvi in the case. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. It is also submitted that balance of convenience also lay in favour of the applicant, and if the case is allowed to be proceeded at Lucknow to Shahjahanpur, applicant would suffer serious prejudice.

¶4A counter affidavit has been filed on behalf of the opposite party denying the averments made in the transfer application, but no specific denial has been made to the averments contained in the paragraph nos.10 & 11 of the transfer application.

¶5Further, it is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being faced by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Shahjahanpur to District Lucknow.

¶6Accordingly, the Case No.459 of 2020 (Kapil Chanchal Alias Lucky Vs. Smt. Shalini Gupta @ Shalu), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, Shahjahanpur is transferred to the court of Principal Judge, Family Court, Lucknow.

¶7The Principal Judge, Family Court, Shahjahanpur is directed to remit the record of Case No.459 of 2020 (Kapil Chanchal Alias Lucky Vs. Smt. Shalini Gupta @ Shalu), under Section 13 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Lucknow for its disposal.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 27.10.2023 Sattyarth High Court of Judicature at Allahabad