Smt. Aarti Sharma v. Dheeraj

Order on Order Sheet. Office has submitted following report of service of notice on

09.11.2023- "As per records notice issued to sole respondent through RPAD as well as normal mode on 05.08.2023 fixing 18.09.2023, as outlined below:- Sole Respondent:- Report of process server has been received unserved as there was no such person. Undelivered cover has also been received with post office remark as "

अधधररपतर", furthermore, no one put in appearance." The record reveals that applicant has given the same address in the present transfer application which is mentioned in the Case No.1313 of 2017 instituted by the opposite party at Ghaziabad. It appears that opposite party has deliberately avoided the service of notice. In such view of the fact, the service of notice upon opposite party is deemed sufficient. Order on Transfer Application.

¶1Heard Sri Abhishek Shukla, learned counsel for the applicant. No one appears on behalf of the opposite party even in repeated calls.

¶2The present application has been filed by the applicant-wife seeking transfer of Case No.1313 of 2017 (Dheeraj Vs. Smt. Aarti Sharma), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Ghaziabad to court of Principal Judge, Family Court, District Aligarh.

¶3It is submitted by the learned counsel for the applicant that opposite party has instituted the divorce petition at Ghaziabad whereas applicant is residing with her Mama at Aligarh and distance between Aligarh to Ghaziabad is about 150 kilometre. It is submitted that applicant has one minor child and she has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Aligarh to Ghaziabad to contest the case instituted by opposite party at Ghaziabad alongwith her minor child 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 Varanasi, applicant would suffer serious prejudice.

¶4The 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.

¶5It 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 Ghaziabad to District Aligarh.

¶6Accordingly, the Case No.1313 of 2017 (Dheeraj Vs. Smt. Aarti Sharma), under Section 13 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Ghaziabad is transferred to the court of Principal Judge, Family Court, Aligarh.

¶7The Principal Judge, Family Court, Ghaziabad is directed to remit the record of Case No.1313 of 2017 (Dheeraj Vs. Smt. Aarti Sharma), under Section 13 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Aligarh for its disposal.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 16.11.2023 Sattyarth High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 612 of 2023 Applicant :- Smt. Aarti Sharma Opposite Party :- Dheeraj Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Hon'ble Saral Srivastava,J.