Allahabad High Court
Moni Saini vs Additional Principal Judge, ... on 28 April, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 621 of 2019
Applicant :- Moni Saini
Opposite Party :- Additional Principal Judge, Family Court No. 2, Kanpur Nagar And Another
Counsel for Applicant :- Ram Mohan,Anil Kumar Dubey,Kanjaanan Pyare Singh
Counsel for Opposite Party :- Ganesh Shankar Patel,Sanjay Srivastava
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and Sri Sandeep Kumar Rai, Advocate holding brief of Sri Sanjay Srivastava, learned counsel for the opposite party.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Sitapur. He next submitted that earlier applicant has filed many other cases against the opposite party at District Hardoi. He further submitted that cases filed at District Hardoi has been transferred to District Sitapur by this Court vide order dated 28.3.2022 passed in Transfer Application (Civil) No. 26 of 2021. He further submitted that opposite party no.2 has filed Matrimonial Case No. 1327 of 2019 before Family Court, Kanpur Nagar, which is around 190 kilometers away from District Sitapur, therefore, it is very difficult for her to attend the Court proceedings at District Kanpur Nagar on each date fixed and defend effectively. He further 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.
Sri Sandeep Kumar Rai, Advocate holding brief of Sri Sanjay Srivastava, learned counsel for the opposite party has vehemently opposed the submission and submitted that applicant and her brother are having criminal history, therefore, this case may be transferred to some other District except District Sitapur, but could not dispute the facts that earlier this Court vide order dated 28.3.2022 has transferred four cases at District Sitapur filed by the petitioner. He lastly submitted that direction may be issued to Court below for early disposal.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the records as well as judgments relied upon by the learned counsel for the applicant. Facts of the case are not disputed and controversy involved in the present case is squarely covered by the judgments relied by the counsel for the applicant.
Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Matrimonial Case No. 1327 of 2019 is withdrawn from the Principal Judge, Family Court, Kanpur Nagar. Principal Judge, Family Court, Kanpur Nagar is directed to transmit the record of Original Matrimonial Case No. 1327 of 2019 to Principal Judge, Family Court, Sitapur 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, Sitapur or other Additional Judge as per the Rules of the Family Court.
Order Date :- 28.4.2022
Junaid
