Smt. Monika v. Sri Ashwani

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 411 of 2023 Applicant :- Smt. Monika Opposite Party :- Sri Ashwani Counsel for Applicant :- Km Preete Counsel for Opposite Party :- Dhirendra Kumar Agrahari Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant and learned counsel for the respondents.

¶2The present application has been filed by the applicant-wife seeking transfer of Case No.1096 of 2020 (Ashwani Vs. Smt. Monika), under Section 13(1)(i-a) & 13(1)(i-b) of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, Ghaziabad to court of Principal Judge, Family Court, Bulandshaher.

¶3It 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 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Bulandshaher whereas opposite party has instituted the divorce petition at Ghaziabad. It is submitted that applicant alongwith her minor son is residing with her aged parents at Bulandshaher and is totally dependent upon her aged parents. It is further submitted that applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Bulandshaher to Ghaziabad to contest the case instituted by opposite party at Ghaziabad alongwith her minor son on each and every date fixed in the matter. It is further submitted that financial condition of applicant is not good to do pairvi in the case. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. 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 Ghaziabad, applicant would suffer serious prejudice.

¶4A 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 the paragraph nos.9 & 11 of the transfer application.

¶5Further, it 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 Ghaziabad to District Bulandshaher.

¶6Accordingly, the Case No.1096 of 2020 (Ashwani Vs. Smt. Monika), under Section 13(1)(i-a) & 13(1)(i-b) of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, Ghaziabad is transferred to the court of Principal Judge, Family Court, Bulandshaher.

¶7The Principal Judge, Family Court, Ghaziabad is directed to remit the record of Case No.1096 of 2020 (Ashwani Vs. Smt. Monika), under Section 13(1)(i-a) & 13(1)(i-b) of the Hindu Marriage Act to the court of Principal Judge, Family Court, Bulandshaher for its disposal.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 2.11.2023 R.S. Tiwari High Court of Judicature at Allahabad