Smt Swati v. Sushil Kumar

Order on Order Sheet. In view of office report dated 31.10.2023, service of notice upon opposite party is deemed to be sufficient. Order on Transfer Application.

¶1Heard learned counsel for the applicant.

¶2No one appears on behalf of the opposite party even in repeated calls.

¶3The present application has been filed by the applicant-wife seeking transfer of Case No.03 of 2023 (Sushil Kumar Vs. Smt Swati), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Muzaffar Nagar to the court of Principal Judge, Family Court, Meerut.

¶4It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C. and another under Sections 498A, 323, 354, 377 and 511 I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Meerut whereas opposite party has instituted the proceeding under Section 9 of the Hindu Marriage Act at Muzaffar Nagar. It is submitted that the applicant alongwith her two minor sons is residing with her aged parents at Meerut. It is submitted that applicant is doing a job in a public school and used to earn Rs.16,000/- per month, and it is very difficult for her to manage herself as well as her minor sons' livelihood and other expenses which is to be incurred in travelling from Meerut to Muzaffar Nagar to contest the case instituted by opposite party at Muzaffar Nagar on each and every date fixed in the matter. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. It is further submitted that financial condition of the applicant is not good to do pairvi in the case. 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 Muzaffar Nagar, applicant would suffer serious prejudice.

¶5The opposite party has neither put in appearance nor filed any counter affidavit, therefore, the averments contained in the affidavit filed in support of the transfer application are unrebutted and they are being treated to be correct.

¶6It 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 by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Muzaffar Nagar to District Meerut.

¶7Accordingly, the Case No.03 of 2023 (Sushil Kumar Vs. Smt Swati), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Muzaffar Nagar is transferred to the court of Principal Judge, Family Court, Meerut.

¶8The Principal Judge, Family Court, Muzaffar Nagar is directed to remit the record of Case No.03 of 2023 (Sushil Kumar Vs. Smt Swati), under Section 9 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Meerut for its disposal.

¶9The Transfer Application is allowed with no order as to costs. Order Date :- 1.11.2023 Sattyarth High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 595 of 2023 Applicant :- Smt Swati Opposite Party :- Sushil Kumar Counsel for Applicant :- Manoj Vashisth Hon'ble Saral Srivastava,J.