Allahabad High Court
Amarjeet Singh vs Smt. Dippti Chauhdary on 1 April, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 335 of 2021
Applicant :- Amarjeet Singh
Opposite Party :- Smt. Dippti Chauhdary
Counsel for Applicant :- Krishna Kant Yadav
Counsel for Opposite Party :- M.P.S. Chauhan
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and Sri M.P.S. Chauhan, learned counsel for the opposite party.
Present transfer application has been filed seeking transfer of Case No. 13 of 2019 (Smt. Dippti Chaudhary Vs. Amarjeet Singh), under Section 125 Cr.P.C., Police Station Banna Devi, Aligarh pending in the court of Principal Judge (Family Court) Court No. 2 Aligarh to Principal Judge, Family Court, Agra.
Learned counsel for the applicant submitted that father of the opposite party is an influential Advocate and on the date of incident, he abused and beaten the applicant for which applicant has moved an application. This incident was repeated on the next date also for which he has again moved an application before the Court concerned, therefore, the aforesaid case may be transferred from District Aligarh to Agra.
Per contra, learned counsel for the opposite party submitted that opposite party has also filed two other cases being Case Crime No. 711 of 2018 under Sections 307, 323, 504, 506, 498-A I.P.C. and 3/4 Dowry Prohibition Act and 39 of 2019, under Sections 12, 17, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2005 at Aligarh and in both the cases trial is going on. The applicant has not moved any transfer application. After filing of the present case i.e. Case No. 13 of 2019, order of interim maintenance was passed and thereafter applicant has filed present transfer application. He also submitted that counsel for the applicant has given an undertaking before the Court on 18.11.2021 to make payment of interim maintenance. Again the Court vide order dated 22.02.2022 had granted time to the counsel for the applicant to file affidavit to this effect, but the same has not been filed till date. He next submitted that in case such unwarranted incident took place, it is required on the part of applicant to lodge F.I.R. Apart from that, in two other cases, he has not moved any transfer application till now. There is no denial in the rejoinder affidavit, therefore, there is no occasion for the Court to entertain the transfer application and the same may be dismissed.
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.
Learned counsel for the applicant could not dispute the fact that two other cases are pending at Aligarh for which no transfer application has been filed. He also could not point out any extra-ordinary circumstances for interference.
I have considered the rival submissions made by learned counsel for the parties and perused the record. There is no dispute on the point that two cases are pending at Aligarh in which applicant has not moved any transfer application till now and present transfer application has been moved only after order of interim maintenance dated 18.11.2021. In case opposite party can appear in other two cases at Aligarh, there is no occasion for this Court to transfer this case at Agra. Further in light of law laid down by the Apex Court as well as High Courts, convenience of wife is required to be seen first.
Therefore, under such facts and circumstances, the transfer application is accordingly, dismissed. No order as to costs.
Order Date :- 1.4.2022
Rmk.
