Sandhya vs Principal Judge, Family Court And ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 119 of 2019
 

 
Applicant :- Sandhya
 
Opposite Party :- Principal Judge, Family Court And Another
 
Counsel for Applicant :- Siya Ram Yadav,Rajesh Kumar
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant.

This Court vide order dated 11.03.2019 issued notice to opposite party. As per office report dated 26.04.2019 based upon postal report dated 11.04.2019, notice was unserved as "PRAPTKARTA MUMBAI ME RAHTA HAI, ATAH VAPASA." Therefore, notice is treated to be sufficient and 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 Azamgarh. He further submitted that opposite party has filed Case No. 1293 of 2018 (Neeraj Dubey Vs. Sandhya Devi), under Section 13 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Varanasi, which is around 120 kilometers away from District Azamgarh, therefore, it is very difficult for the applicant to attend the Court proceedings at District Varanasi on each date fixed and defend effectively. He next submitted that three cases being Case No. 23 of 2017, under Section 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act and Case No. 2 of 2017 under Section 12 of Domestic Violence Act are pending in District Azamgarh. 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 Case No. 1293 of 2018 (Neeraj Dubey Vs. Sandhya Devi) is withdrawn from the Principal Judge, Family Court, Varanasi. Principal Judge, Family Court, Varanasi is directed to transmit the record of Case No. 1293 of 2018 to Principal Judge, Family Court, Azamgarh 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, Azamgarh or other Additional Judge as per the Rules of the Family Court.

Order Date :- 11.4.2022

Rmk.