Marjeena Bano v. Mohd. Ajmer

Order on Order Sheet. Perused the office report dated 25.11.2023 which states that undelivered cover has been returned with an endorsement that '

पपपकरपरममबईहहघरवपललललनलसलइइकपरककयप।अरतवपपस'. 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 for restitution of conjugal rights at Allahabad. It appears that it is a case of deliberate avoidance of service of notice. Accordingly, the service of notice upon opposite party is deemed 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.2296 of 2022 (Mohd. Ajmer Vs. Marjeena Bano) for restitution of conjugal rights pending in the court of Principal Judge, Family Court, District Allahabad to court of Principal Judge, Family Court, District Bhadohi at Gyanpur.

¶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 Bhadohi whereas opposite party has instituted the proceeding for restitution of conjugal rights at Allahabad. It is submitted that applicant is residing with her aged parents at Bhadohi and is dependent upon them. It is submitted that distance between Bhadohi to Allahabad is about 100 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Bhadohi to Allahabad to contest the case instituted by opposite party at Allahabad on each and every date fixed in the matter. It is further submitted that opposite party is threatening the applicant to face dire consequences if she comes to Allahabad. 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 Allahabad, 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.

¶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 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 Bhadohi at Gyanpur.

¶7Accordingly, the Case No.2296 of 2022 (Mohd. Ajmer Vs. Marjeena Bano) for restitution of conjugal rights pending in the court of Principal Judge, Family Court, District Allahabad is transferred to the court of Principal Judge, Family Court, Bhadohi at Gyanpur.

¶8The Principal Judge, Family Court, Allahabad is directed to remit the record of the Case No.2296 of 2022 (Mohd. Ajmer Vs. Marjeena Bano) to the court of Principal Judge, Family Court, Bhadohi at Gyanpur for its disposal.

¶9The Transfer Application is allowed with no order as to costs. Order Date :- 28.11.2023 Sattyarth High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 491 of 2023 Applicant :- Marjeena Bano Opposite Party :- Mohd. Ajmer Counsel for Applicant :- Bare Lal Hon'ble Saral Srivastava,J.