Smt. Chitra Alias Mahima v. Mohit Kumar (Maisi)

Order on Order Sheet. In view of the office report dated 28.11.2023, service of notice upon opposite party is deemed sufficient. No one has put in appearance on behalf of the opposite party even in repeated calls. Order on Transfer Application.

¶1Heard learned counsel for the applicant.

¶2The present application has been filed by the applicant-wife seeking transfer of Case No.1108 of 2023 (Mohit Kumar (Maisi) Vs. Smt. Chitra Alias Mahima), under Section 10 of Indian Divorce Act, 1869 pending in the court of Principal Judge, Family Court, Kanpur Nagar to the competent court at Jalaun at Orai.

¶3It is submitted by the learned counsel for the applicant that applicant along with her minor daughter is residing with her aged parents at Orai whereas opposite party has instituted the divorce petition at Kanpur Nagar. It is submitted that financial condition of the applicant is not good and parents of the applicant is not in a position to attend the proceeding along with the applicant at Kanpur Nagar. It is further submitted that distance between Orai to Kanpur Nagar is about 130 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Orai to Kanpur Nagar to contest the case instituted by opposite party at Kanpur Nagar along with her minor daughter on each and every date fixed in the matter. Thus, the submission is that if the case is allowed to be proceeded at Kanpur Nagar, applicant 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 Kanpur Nagar to Jalaun at Orai.

¶6In such view of the fact, Case No.1108 of 2023 (Mohit Kumar (Maisi) Vs. Smt. Chitra Alias Mahima), under Section 10 of Indian Divorce Act, 1869 pending in the court of Principal Judge, Family Court, Kanpur Nagar is transferred to the Court of Principal Judge, Family Court, Jalaun at Orai.

¶7The Principal Judge, Family Court, Kanpur Nagar is directed to remit the record of Case No.1108 of 2023 (Mohit Kumar (Maisi) Vs. Smt. Chitra Alias Mahima), under Section 10 of Indian Divorce Act, 1869 to the Court of Principal Judge, Family Court, Jalaun at Orai for disposal of the same.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 29.11.2023 R.S. Tiwari High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 632 of 2023 Applicant :- Smt. Chitra Alias Mahima Opposite Party :- Mohit Kumar (Maisi) Counsel for Applicant :- Vikas Singh Hon'ble Saral Srivastava,J.