Smt. Ruby v. Gaurav

Order on Order Sheet. In view of the office report dated 16.11.2023, service of notice upon opposite party is deemed sufficient. No one has put in appearance on behalf of the opposite party even in revised call. Order on Transfer Application.

¶1Heard learned counsel for the applicant.

¶2The present transfer application has been filed by the applicant-wife seeking transfer of Case No.1521 of 2021 (Gaurav v. Smt. Ruby) under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Agra to the court of Principal Judge, Family Court, Mainpuri.

¶3It is submitted by the learned counsel for the applicant that the applicant is residing at Mainpuri in her parental house along with her minor daughter. It is further submitted that the applicant has a minor daughter and has no source of income, on account of which, she is fully dependent upon her parents. It is submitted that it will be difficult for the applicant to travel along with her minor daughter to contest the aforesaid case from Mainpuri to Agra which is more than 120 Kms. It is submitted that the applicant has no means to contest the suit, therefore, in such circumstances, she is unable to pursue the suit pending before Family Court, Agra. It is also submitted that balance of convenience also lays in favour of the applicant, and if the case is allowed to be proceeded at Agra, she would suffer serious prejudice.

¶4The opposite party has neither put in appearance nor filed any counter affidavit. As the averments contained in the affidavit filed in support of the transfer application are unrebutted, therefore, 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 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 Agra to Mainpuri.

¶6In such view of the fact, Case No.1521 of 2021 (Gaurav v. Smt. Ruby) under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Agra is transferred to the court of Principal Judge, Family Court, Mainpuri.

¶7The Principal Judge, Family Court, Agra is directed to remit the record of Case No.1521 of 2021 (Gaurav v. Smt. Ruby) under Section 13 of Hindu Marriage Act to the Court of Principal Judge, Family Court, Mainpuri for disposal of the same.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 17.11.2023 A.N. Mishra High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 752 of 2023 Applicant :- Smt. Ruby Opposite Party :- Gaurav Counsel for Applicant :- Yogendra Kumar Srivastava,Anita Srivastava Hon'ble Saral Srivastava,J.