Smt. Jaya Singh v. Pradeep Verma

Order on Order Sheet As per office report dated 30.11.2023 service of notice upon the respondent is deemed sufficient. Order on Transfer Application

¶1Heard learned counsel for the applicant. No one appears on behalf of the respondent even in revised call.

¶2The present transfer application has been filed by the applicant who is wife of respondent/opp. party praying for transfer of Divorce Petition No.375 of 2020 (Pradeep Verma Vs. Smt. Jaya Singh), under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, District Prayagraj to the Court of Principal Judge, Family Court, District Varanasi.

¶3It is contended by the learned counsel for the applicant that the applicant-wife has no source of income, on account of which she is dependent upon her father and she is living at her parental house at District Varanasi and there is no one in the family of the applicant to accompany her to contest the case and applicant apprehends that in case she goes to contest the case at District Prayagraj, she would face dire consequences, therefore, in such circumstances, it is very difficult for the applicant to contest the case instituted by opposite party at District Prayagraj and further to bear the expenses in travelling from District Varanasi to Prayagraj on each and every date. Necessary averments in this respect have been made in paragraph nos.15 & 16 of the affidavit filed in support of the transfer application. It is submitted that balance of convenience also lay in favour of the applicant-wife and if the case instituted by the opp. party-husband is allowed to be proceeded at District Prayagraj, the applicant would suffer serious prejudice.

¶4The respondent has neither put in appearance nor fled any counter affidavit. As the averments contained in the affidavit filed in support of the transfer application are un-rebutted, therefore, they are treated to be true.

¶5It is settled in law that the convenience of the 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 power to transfer the case from District Bareilly to District Bijnor in the interest of justice.

¶6Accordingly, Divorce Petition No.375 of 2020 (Pradeep Verma Vs. Smt. Jaya Singh), under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, District Prayagraj is transferred to the Court of Principal Judge, Family Court, Varanasi.

¶7The Principal Judge, Family Court, Prayagraj is directed to remit the record of Divorce Petition No.375 of 2020 (Pradeep Verma Vs. Smt. Jaya Singh), under Section 13 of the Hindu Marriage Act, 1955 to the Court of Principal Judge, Family Court, Varanasi for its disposal.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 1.12.2023/NS High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 551 of 2023 Applicant :- Smt. Jaya Singh Opposite Party :- Pradeep Verma Counsel for Applicant :- Ran Vijay Singh Hon'ble Saral Srivastava,J.