Smt. Kusum D/O Sri Om Prakash v. Rakesh Kumar Samujh Maurya Son of Ram Samujh Maurya

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 551 of 2022 Applicant :- Smt. Kusum D/O Sri Om Prakash Opposite Party :- Rakesh Ram Samujh Maurya Son Of Ram Samujh Maurya Counsel for Applicant :- Narendra Kumar,Dheeraj Kumar Maurya Counsel for Opposite Party :- Alok Kumar Rai Hon'ble Saral Srivastava,J.

¶1List has been revised. Learned counsel for the applicant is present. However, no one is present on behalf of the opposite party.

¶2Heard learned counsel for the applicant.

¶3The present application has been filed by the applicant-wife seeking transfer of Case No.279 of 2020 (Rakesh Ram Samujh Maurya Vs. Smt. Kusum), under Section 13(1) of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Gorakhpur to the court of Principal Judge, Family Court, Ghaziabad.

¶4It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C and another under Section 12 of Domestic Violence Act have been instituted by the applicant against the opposite party at Ghaziabad whereas opposite party has instituted divorce petition at Gorakhpur. It is submitted that applicant alongwith her minor son is residing with her aged parents at Ghaziabad and distance between Ghaziabad to Gorakhpur is more than 700 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Ghaziabad to Gorakhpur to contest the case instituted by opposite party at Gorakhpur alongwith her minor son on each and every date fixed in the matter. It is further submitted that applicant is residing with her father and her financial condition 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 Gorakhpur, applicant would suffer serious prejudice.

¶5A 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 paragraph nos.14 to 16, and also he has also not produced any material on record to prove that applicant is engaged in the business of boutique.

¶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 Gorakhpur to Ghaziabad.

¶7Accordingly, the Case No.279 of 2020 (Rakesh Ram Samujh Maurya Vs. Smt. Kusum), under Section 13(1) of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Gorakhpur is transferred to the court of Principal Judge, Family Court, Ghaziabad.

¶8The Principal Judge, Family Court, Gorakhpur is directed to remit the record of Case No.279 of 2020 (Rakesh Ram Samujh Maurya Vs. Smt. Kusum), under Section 13(1) of the Hindu Marriage Act to the court of Principal Judge, Family Court, Ghaziabad 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