Smt. Jyoti Kaushik v. Vedant Sharma

Order on Order Sheet. In view of the office report dated 25.11.2023, the service of notice upon opposite party is deemed to be sufficient. 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.2019 of 2023 (Vedant Sharma v. Smt. Jyoti Kaushik), under Section 13(1) of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, Meerut to court of Principal Judge, Family Court, Muzaffarnagar.

¶4It is submitted by the learned counsel for the applicant that proceeding under Section 125 of Cr.P.C has been instituted by the applicant against the opposite party which is pending at District Muzaffarnagar, whereas opposite party has instituted the divorce petition at District Meerut. It is submitted that the applicant is residing with her aged parents at Muzaffarnagar and distance between Muzaffarnagar to Meerut is 60 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Muzaffarnagar to Meerut to contest the case instituted by opposite party at Meerut on each and every date fixed in the matter. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. Thus, the submission is that if the case is allowed to be proceeded at Meerut, 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.

¶6Further, it 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 Meerut to District Muzaffarnagar.

¶7Accordingly, the Case No.2019 of 2023 (Vedant Sharma v. Smt. Jyoti Kaushik), under Section 13(1) of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, Meerut is transferred Principal Judge, Family Court, Muzaffarnagar.

¶8The Principal Judge, Family Court, Meerut is directed to remit the record of Case No.2019 of 2023 (Vedant Sharma v. Smt. Jyoti Kaushik), under Section 13(1) of the Hindu Marriage Act to court of Principal Judge, Family Court, Muzaffarnagar for its disposal.

¶9The 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. - 787 of 2023 Applicant :- Smt. Jyoti Kaushik Opposite Party :- Vedant Sharma Counsel for Applicant :- Pradumn Tripathi Hon'ble Saral Srivastava,J.