Allahabad High Court
Smt. Ruchi Sharma vs Madan Gopal Sharma on 1 April, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 553 of 2019
Applicant :- Smt. Ruchi Sharma
Opposite Party :- Madan Gopal Sharma
Counsel for Applicant :- Pankaj Kumar Sharma,Anurag Dubey
Counsel for Opposite Party :- Hitesh Pachori
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
This case is listed under the category of peremptorily.
Learned counsel for the applicant submitted that earlier on 20.1.2020, Mr. Hitesh Pachori, learned counsel for the opposite party has sent illness slip, which was recorded by the Court. Simultaneously, on 9.3.2022 & 25.3.2022, case was listed peremptorily, but due to illness slip of Mr. Hitesh Pachori, learned counsel for the opposite party, again case was passed over.
Today, Mr. Hitesh Pachori, learned counsel for the opposite party has again sent illness slip. Therefore, under such facts and circumstances, 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 Kasganj and opposite party no.2 has filed Case No. 77 of 2017 before Family Court, Agra, which is around 110 kilometers away from District Kasganj, therefore, it is very difficult for her to attend the Court proceedings at District Agra on each date fixed and defend effectively. He next submitted that another case i.e. under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act is also pending at District Kasgnaj. 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.
I have considered the rival submissions advanced by the learned counsel for the applicant and perused the record. From perusal of the record, it appears to be correct that one case is pending between the parties is at District Kasganj.
Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 77 of 2017 (Madan Gopal Sharma vs. Smt. Ruchi Sharma) is withdrawn from the Principal Judge, Family Court, Varanasi. The Principal Judge, Family Court, Agra is directed to transmit the record of Case No. 77 of 2017 to Principal Judge, Family Court, Kasganj within 15 days from the date of production of certified copy of this order. Thereafter, endeavour shall be made to decide the aforesaid petition maximum within a period of six months as provided in Section 21-B of Hindu Marriage Act, 1955 by the Principal Judge, Family Court, Kasganj or other Additional Judge as per the Rules of the Family Court.
Order Date :- 1.4.2022
Junaid
