Neetu Singh vs Devendra Kumar
2022 Latest Caselaw 279 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 282 of 2021
 

 
Applicant :- Neetu Singh
 
Opposite Party :- Devendra Kumar
 
Counsel for Applicant :- Ram Surat Patel
 
Counsel for Opposite Party :- Nanhe Lal Tripathi
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant and Sri Nanhe Lal Tripathi, learned counsel for the respondent.

Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Orai District Jalaun alongwith her child. He further submitted that opposite party has filed Marriage Petition No. 16 of 2021 (Devendra Kumar Vs. Smt. Neetu Singh), under Section 9 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Lalitpur, which is around 208 kilometers away from District Jalaun, therefore, it is very difficult for the applicant to attend the Court proceedings at District Lalitpur on each date fixed and defend effectively. He next submitted that one other case being Case Crime No. 939 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. is pending in District Jalaun. 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.

Sri Nanhe Lal Tripathi, learned counsel for the opposite party has opposed the submission and submitted that applicant is also a Government employee working as Staff Nurse at Rajkiya Ayurvedic Chikitsalaya, Orai, District Jalaun, but could not dispute the factual and legal submission made by the learned counsel for the applicant.

Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Marriage Petition No. 16 of 2021 (Devendra Kumar Vs. Smt. Neetu Singh), is withdrawn from the Principal Judge, Family Court, Lalitpur. Principal Judge, Family Court, Lalitpur is directed to transmit the record of Marriage Petition No. 16 of 2021 to Principal Judge, Family Court, Jalaun at Orai 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, Jalaun at Orai or other Additional Judge as per the Rules of the Family Court.

Order Date :- 1.4.2022

Rmk.