Smt. Richa Singh v. Sri Shashank Singh

Order on Order Sheet. Perused the office report dated 13.01.2023 which states that undelivered cover has been returned with an endorsement that '

पपपकरपरममलरतनहतकहहबपहरहहअरतपपषक

ककवपपस. It is submitted by the learned counsel for the applicant that service of notice has been effected on the address given by the opposite party in his petition filed under Section 9 of the Hindu Marriage Act. Since, no other address of the opposite party is available on record, and steps for service of notice have been taken only on the address of opposite party mentioned in the application filed under Section 9 of Hindu Marriage Act at Allahabad (Prayagraj), therefore, it appears that it is a case of deliberate avoidance of service of notice by opposite party. Accordingly, the service of notice upon opposite party is deemed sufficient. Order on Transfer Application.

¶1Heard Sri Shashank Singh, learned counsel for the applicant.

¶2No one appears on behalf of the opposite party even in repeated calls nor any counter affidavit has been filed.

¶3The present application has been filed by the applicant-wife seeking transfer of Case No.1979 of 2021 (Shashank Singh v. Richa Singh), under Section 9 of the Hindu Marriage Act, 1955 pending in the court of Principal Judge, Family Court, District Allahabad to the court of Principal Judge, Family Court, Ghaziabad.

¶4It is submitted by the learned counsel for the applicant that a proceeding Section 125 of Cr.P.C. has been instituted by the applicant against the opposite party at Ghaziabad whereas opposite party has instituted the proceeding under Section 9 of Hindu Marriage Act at Allahabad. It is submitted that applicant is poor lady and she is not able to travel from District Ghaziabad to Allahabad as distance between Ghaziabad to Allahabad is about 714 kilometre. The applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Ghaziabad to Allahabad to contest the case instituted by opposite party 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.

¶5The 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, and therefore, 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 faced by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Allahabad to District Ghaziabad.

¶7Accordingly, the Case No.1979 of 2021 (Shashank Singh v. Richa Singh), under Section 9 of the Hindu Marriage Act, 1955 pending in the court of Principal Judge, Family Court, District Allahabad is transferred to the court of Principal Judge, Family Court, Ghaziabad.

¶8The Principal Judge, Family Court, District Allahabad is directed to remit the record of Case No.1979 of 2021 (Shashank Singh v. Richa Singh), under Section 9 of the Hindu Marriage Act, 1955 to the court of Principal Judge, Family Court, District Allahabad for its disposal.

¶9Accordingly, the Transfer Application is allowed with no order as to costs. Order Date :- 28.11.2023 A.N. Mishra High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 898 of 2022 Applicant :- Smt. Richa Singh Opposite Party :- Sri Shashank Singh Counsel for Applicant :- Saurabh Tripathi Hon'ble Saral Srivastava,J.