Allahabad High Court
Dr. Dipti Singh vs Dr. Sunil Verma on 11 April, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 65 of 2020
Applicant :- Dr. Dipti Singh
Opposite Party :- Dr. Sunil Verma
Counsel for Applicant :- Vatsala
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
This Court vide order dated 07.02.2018 issued notice to opposite party. As per office report dated 30.01.2021 based upon postal report, notice was unserved as "Ba-Bar Jane Per Praptkarta Nahi Milta." Therefore, notice is treated to be sufficient. Again this Court vide order dated 22.10.2021 referred the matter to Mediation Centre and as per office report dated 08.04.2022 based upon mediation report dated 03.04.2022, "Parties not willing for the mediation." It is also mentioned in the mediation report dated 03.04.2022, "opposite party failed to appear on all dates." Under such facts of the case, the Court has proceeded to decide the case on merits.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Meerut alongwith her minor child. He further submitted that opposite party has filed Marriage Petition HMA No. 790 of 2019 (Dr. Sunil Verma Vs. Dr. Dipti Singh), under Section 13 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Ghaziabad, which is around 57 kilometers away from District Meerut, therefore, it is very difficult for the applicant to attend the Court proceedings at District Ghaziabad on each date fixed and defend effectively. He next submitted that three cases being Case Crime No. 0086 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Complaint Case No. 3013 of 2019, under Sections 12, 17, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act and Case No. 371 of 2019 under Section 125 Cr.P.C. are pending in District Meerut. He next submitted that Apex Court as well as many other Courts have taken constant view that in such cases convenience of the wife has to be taken into consideration. In support of his contention, he has placed reliance upon the judgment of Apex Court, Punjab and Haryana High Court, Madras High Court and this Court in the cases of Sumita Singh Vs. Kumar Sanjay reported in 2001 LawSuit(SC) 363, Sweety Vs. Anuj Garg passed in T.A. No. 228 of 2014 decided on 11 August, 2015 and D. Kokila Vs. R. Dillibabu passed in Transfer C.M.P. No. 201 of 2016 decided on 4 October, 2016, Satyam Goyal vs. Principal Judge, Family Court Gonda and others passed in Application Nos. 93 & 119 of 2017 decided on 3.8.2018, Smt. Dipti Saxena Vs. Ashish Srivastava and another passed in Transfer Application (Civil) No. 567 of 2019 decided on 14.12.2020 and Swapnal Mishra vs. Saurabh Mishra passed in Transfer Application (Civil) Nos. 152 of 2019 & 111 of 2021 decided on 4.2.2022 respectively. Lastly, he submitted that recently this Court in the matter of Smt. Shakshi Agarwal vs. Sri Ashutosh Agarwal allowed the transfer Application filed by wife vide detailed judgment and order dated 4.2.2022 considering the different pronouncements made by the Apex Court as well as High Courts.
I have considered submissions advanced by learned counsel for the applicant and perused the records as well as judgments relied upon by him. Facts of the case are unrebutted and controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.
Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Marriage Petition HMA No. 790 of 2019 (Dr. Sunil Verma Vs. Dr. Dipti Singh) is withdrawn from the Principal Judge, Family Court, Ghaziabad. Principal Judge, Family Court, Ghaziabad is directed to transmit the record of Marriage Petition HMA No. 790 of 2019 to Principal Judge, Family Court, Meerut within 15 days from the date of production of certified copy of this order. Thereafter, endeavour shall be made to decide the aforesaid case maximum within a period of six months as provided in Section 21-B of Hindu Marriage Act, 1955 by the Principal Judge, Family Court, Meerut or other Additional Judge as per the Rules of the Family Court.
Order Date :- 11.4.2022
Rmk.
