Smt. Savita v. Vijai Kumar

Order on Order Sheet. On 19.07.2023, Sri Ravi Kumar Dubey, Advocate holding brief of Sri Rajiv Dwivedi, Advocate appeared before the Court and made statement that Sri Rajiv Dwivedi, Advocate has received instructions in the matter on behalf of opposite party, but as per office report dated 02.11.2023, no Vakalatnama has been filed on behalf of opposite party. In such view of the fact, this Court proceeds to decide the matter exparte. 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.249 of 2022 (Vijai Kumar Vs. Smt. Savita), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Chitrakoot to court of Principal Judge, Family Court, District Kaushambi.

¶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 Kaushambi whereas opposite party has instituted the divorce petition at Chitrakoot. It is submitted that applicant is residing with her aged parents at Kaushambi and there is no direct train from Kaushambi to Chitrakoot which is causing serious hardship to the applicant. 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 Kaushambi to Chitrakoot to contest the case instituted by opposite party at Chitrakoot 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 Chitrakoot, 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 Chitrakoot to District Kaushambi.

¶7Accordingly, the Case No.249 of 2022 (Vijai Kumar Vs. Smt. Savita), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Chitrakoot is transferred to the court of Principal Judge, Family Court, Kaushambi.

¶8The Principal Judge, Family Court, Chitrakoot is directed to remit the record of Case No.249 of 2022 (Vijai Kumar Vs. Smt. Savita), under Section 13 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Kaushambi for its disposal.

¶9The Transfer Application is allowed with no order as to costs. Order Date :- 3.11.2023 Sattyarth High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 455 of 2023 Applicant :- Smt. Savita Opposite Party :- Vijai Kumar Counsel for Applicant :- Adil Jamal,Ramanuj Pandey Hon'ble Saral Srivastava,J.