Smt. Madhvi v. Narsingh

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 168 of 2022 Applicant :- Smt. Madhvi Opposite Party :- Narsingh Counsel for Applicant :- Umesh Chandra Prajapati Counsel for Opposite Party :- Ajay Kumar Hon'ble Saral Srivastava,J.

¶1List has been revised. Sri Vinod Kumar, Advocate bearing Advocate Roll No.A/V1025/21 holding brief of Sri Umesh Chandra Prajapati, learned counsel for the applicant is present. However, no one is present on behalf of the opposite party.

¶2Heard Sri Vinod Kumar, Advocate bearing Advocate Roll No.A/V1025/21 holding brief of Sri Umesh Chandra Prajapati, learned counsel for the applicant.

¶3The present application has been filed by the applicant-wife seeking transfer of Case No.2053 of 2021 (Narsingh Vs. Smt. Madhvi), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Agra to the court of Principal Judge, Family Court, Orai at Jalaun.

¶4It is submitted by the learned counsel for the applicant that two proceedings; one under Section 12 of Domestic Violence Act and another under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Orai whereas opposite party has instituted proceeding under Section 9 of the Hindu Marriage Act at Agra. It is submitted that applicant is residing with her aged father at Orai and distance between Orai to Agra is about 240 kilometres and applicant is dependent upon her father and she has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Orai to Agra to contest the case instituted by opposite party at Agra 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 Agra, 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.16 & 17.

¶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 Agra to Orai at Jalaun.

¶7Accordingly, the Case No.2053 of 2021 (Narsingh Vs. Smt. Madhvi), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Agra is transferred to the court of Principal Judge, Family Court, Orai at Jalaun.

¶8The Principal Judge, Family Court, Agra is directed to remit the record of Case No.2053 of 2021 (Narsingh Vs. Smt. Madhvi), under Section 9 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Orai at Jalaun 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