Anuragini Trivedi v. Arpit Awashthi

Order on Order Sheet. In view of the office report dated 21.08.2023, 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.308 of 2023 (Arpit Awashthi Vs. Anuragini Trivedi), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Gautam Buddh Nagar to court of Principal Judge, Family Court, District Jhansi.

¶4It is submitted by the learned counsel for the applicant that a proceeding under Sections 498A, 354, 323, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act has been instituted by the applicant against the opposite party at Jhansi whereas opposite party has instituted the proceeding under Section 9 of Hindu Marriage Act at Gautam Buddh Nagar. It is submitted that applicant is residing with her aged parents at Jhansi in her parental house. It is submitted that father of the applicant is 62 years old and is suffering from chronic diabetic disease and he is not in a position to accompany the applicant to contest the case at Gautam Buddh Nagar on each and every date. It is further submitted that distance between Jhansi to Gautam Buddh Nagar is about 400 kilometre and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Jhansi to Gautam Buddh Nagar to contest the case instituted by opposite party at Gautam Buddh Nagar 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 also submitted that balance of convenience also lay in favour of the applicant, and if the case is allowed to be proceeded at Gautam Buddh Nagar, 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 faced by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Gautam Buddh Nagar to District Jhansi.

¶7Accordingly, the Case No.308 of 2023 (Arpit Awashthi Vs. Anuragini Trivedi), under Section 9 of the Hindu Marriage Act pending in the court of Principal Judge, Family Court, District Gautam Buddh Nagar is transferred to the court of Principal Judge, Family Court, Jhansi.

¶8The Principal Judge, Family Court, Gautam Buddh Nagar is directed to remit the record of Case No.308 of 2023 (Arpit Awashthi Vs. Anuragini Trivedi), under Section 9 of the Hindu Marriage Act to the court of Principal Judge, Family Court, Jhansi for its disposal.

¶9The Transfer Application is allowed with no order as to costs. Order Date :- 30.11.2023 Sattyarth High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 295 of 2023 Applicant :- Anuragini Trivedi Opposite Party :- Arpit Awashthi Counsel for Applicant :- Anil Kumar Shukla,Dr. Aditya Kumar Trivedi Hon'ble Saral Srivastava,J.