Smt. Samriddhi v. Vikas Dixit

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 107 of 2022 Applicant :- Smt. Samriddhi Opposite Party :- Vikas Dixit Counsel for Applicant :- Arun Kumar Singh,Prem Shankar Counsel for Opposite Party :- Harish Chandra Mishra Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant.

¶2The present transfer application has been filed by the applicant who is wife of the respondent praying for transfer of the Complaint Case No.611 of 2021 (Vikas Dixit Vs. Smt. Samriddhi), under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Jhansi to the court of Principal Judge, Family Court, Hamirpur.

¶3It is contended by the learned counsel for the applicant that the applicant-wife has no source of income and is facing financial hardship, on account of which she is fully dependent on her aged parents and is living at her parental house in village and post Damu Purawa, Police Station Muskara, District Hamirpur. The distance between District Jhansi to Hamirpur is about 200 kilometres and there is no one in the family of the applicant to accompany her to contest the case, therefore, in such circumstances, it is very difficult for the applicant to meet the expenses in travelling from District Hamirpur to Jhansi to contest the case instituted by opposite party at District Jhansi on each and every date. The said fact has been stated in paragraph nos.12 & 13 of the affidavit filed in support of transfer application. It is submitted that balance of convenience also lay in favour of the applicant-wife and if the case instituted by the opp. party-husband is allowed to be proceeded at District Jhansi, the applicant would suffer serious prejudice.

¶4A counter affidavit has been filed by the respondent denying the averments made in paragraph nos.12 & 13 of the affidavit filed in support of the transfer application, but no specific denial has been made in paragraph no.13 to the averments contained in paragraph nos.12 & 13 of the transfer application.

¶5It is settled in law that the convenience of the 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 power to transfer the case from District Jhansi to Hamirpur in the interest of justice.

¶6Accordingly, in the interest of justice, Complaint Case No.611 of 2021 (Vikas Dixit Vs. Smt. Samriddhi), under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Jhansi is transferred to the Court of Principal Judge, Family Court, Hamirpur.

¶7The Principal Judge, Family Court, Jhansi is directed to remit the record of Complaint Case No.611 of 2021 (Vikas Dixit Vs. Smt. Samriddhi), under Section 13 of the Hindu Marriage Act to the Court of Principal Judge, Family Court, Hamirpur for its disposal.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 9.11.2023 NS High Court of Judicature at Allahabad