Smt. Jyotsana Yadav v. Om Prakash Yadav @ Santosh 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.506 of 2021 (Om Prakash Yadav @ Santosh Yadav Vs. Smt. Jyotsana Yadav), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Ballia to the court of Principal Judge, Family Court, Jaunpur.

¶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, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Jaunpur whereas opposite party has instituted the proceeding under Section 9 of the Hindu Marriage Act at Ballia. It is submitted that the applicant is residing with her aged parents at Jaunpur. It is submitted that distance from Jaunpur to Ballia is about 150 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Jaunpur to Ballia to contest the case instituted by opposite party at Ballia 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 Ballia 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 Ballia, 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 Ballia to District Jaunpur.

¶7Accordingly, the Case No.506 of 2021 (Om Prakash Yadav @ Santosh Yadav Vs. Smt. Jyotsana Yadav), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Ballia is transferred to the court of Principal Judge, Family Court, Jaunpur.

¶8The Principal Judge, Family Court, Ballia is directed to remit the record of Case No.506 of 2021 (Om Prakash Yadav @ Santosh Yadav Vs. Smt. Jyotsana Yadav), under Section 9 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Jaunpur 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. - 599 of 2023 Applicant :- Smt. Jyotsana Yadav Opposite Party :- Om Prakash Yadav @ Santosh Yadav Counsel for Applicant :- Bipin Bihari Hon'ble Saral Srivastava,J.