Smt. Payal Gupta v. Ravindra Kumar Gupta

Order on Order Sheet As per office report dated 26.10.2023/06.12.2023, service of notice upon the opp. party is confirmed.Therefore, service of notice upon the opp. party is deemed sufficient. Order on Transfer Application

¶1Heard learned counsel for the applicant.

¶2The present transfer application has been filed by the applicant who is wife of the respondent/opp. party praying for transfer of Case No.331 of 2022 (Ravindra Gupta Vs. Payal Gupta), under Section 9 of the Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, Maharajganj to the Court of Principal Judge, Family Court, Gorakhpur.

¶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 parents and is living with them at District Gorakhpur and there is none in the family of the applicant to accompany her to contest the case, therefore, in such circumstances, it is very difficult for the applicant to bear the expenses in travelling from District Gorakhpur to District Maharajganj to contest the case instituted by opposite party at District Maharajganj on each and every date. Necessary averments in this respect has been made in paragraph no. 13 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 Maharajganj, the applicant would suffer serious prejudice.

¶4The respondent 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 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 Maharajganj to District Gorakhpur in the interest of justice.

¶6Accordingly, Case No.331 of 2022 (Ravindra Gupta Vs. Payal Gupta), under Section 9 of the Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, Maharajganj is transferred to the Court of Principal Judge, Family Court, Gorakhpur.

¶7The Principal Judge, Family Court, Maharajganj is directed to remit the record of Case No.331 of 2022 (Ravindra Gupta Vs. Payal Gupta), under Section 9 of the Hindu Marriage Act, 1955 to the Court of Principal Judge, Family Court, Gorakhpur for its disposal.

¶8The Transfer Application is allowed with no order as to costs. Order Date :- 7.12.2023 NS High Court of Judicature at Allahabad

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 367 of 2023 Applicant :- Smt. Payal Gupta Opposite Party :- Ravindra Kumar Gupta Counsel for Applicant :- Atul Kumar Shahi Hon'ble Saral Srivastava,J.