Smt. Anita Yadav v. Ajay Kumar Yadav

Order on Order Sheet. In view of office report dated 01.11.2023, 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.413 of 2022 (Ajay Kumar Yadav Vs. Smt. Anita Singh), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Ghazipur to the court of Principal Judge, Family Court, Mau.

¶4It is submitted by the learned counsel for the applicant that the applicant has two child and is residing in her parental house at Mau. It is submitted that distance from Mau to Ghazipur is more than 40 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Mau to Ghazipur to contest the case instituted by opposite party at Ghazipur on each and every date fixed in the matter. It is further submitted that opposite party and his family members have threatened the applicant for dire consequence if she comes at Ghazipur to contest the proceedings. 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 Ghazipur, 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 faced by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Ghazipur to District Mau.

¶7Accordingly, the Case No.413 of 2022 (Ajay Kumar Yadav Vs. Smt. Anita Singh), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Ghazipur is transferred to the court of Principal Judge, Family Court, Mau.

¶8The Principal Judge, Family Court, Ghazipur is directed to remit the record of Case No.413 of 2022 (Ajay Kumar Yadav Vs. Smt. Anita Singh), under Section 13 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Mau for its disposal.

¶9The Transfer Application is allowed with no order as to costs. Order Date :- 2.11.2023 R.S. Tiwari High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 603 of 2023 Applicant :- Smt. Anita Yadav Opposite Party :- Ajay Kumar Yadav Counsel for Applicant :- Pramod Kumar Hon'ble Saral Srivastava,J.