Smt. Sushma v. Amit Kumar

Order on Order Sheet. In view of the office report dated 18.10.2023, 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.2091 of 2022 (Amit Kumar Vs. Smt. Sushma), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Meerut to the court of Principal Judge, Family Court, Gautam Buddh Nagar.

¶4It is submitted by the learned counsel for the applicant that applicant is residing with her aged parents at Gautam Buddh Nagar whereas opposite party has instituted the divorce petition at District, Meerut. It is submitted that applicant has no source of income and she is dependent upon her father, who is aged about 66 years and suffering from old aged diseases. It is submitted that there is no other male person in the family of the applicant to accompany her to travel a distance of about 90 kilometres to contest the case at Meerut on each and every date, and applicant has no sufficient means to meet out the litigation expenses and other expenses which is to be incurred in travelling from Gautam Buddh Nagar 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 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 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.

¶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 Meerut to District Gautam Buddh Nagar.

¶7Accordingly, the Case No.2091 of 2022 (Amit Kumar Vs. Smt. Sushma), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Meerut is transferred to the court of Principal Judge, Family Court, Gautam Buddh Nagar.

¶8The Principal Judge, Family Court, Meerut is directed to remit the record of the Case No.2091 of 2022 (Amit Kumar Vs. Smt. Sushma), under Section 13 of Hindu Marriage Act to the court of Principal Judge, Family Court, Gautam Buddh Nagar for its disposal.

¶9The Transfer Application is allowed with no order as to costs. Order Date :- 7.12.2023 Sattyarth High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 685 of 2023 Applicant :- Smt. Sushma Opposite Party :- Amit Kumar Counsel for Applicant :- Prateek Tyagi,Ishwar Chandra Tyagi,Prem Nath Tyagi Hon'ble Saral Srivastava,J.