Allahabad High Court
Neha Gupta vs Ayush Aroda on 7 April, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 607 of 2021
Applicant :- Neha Gupta
Opposite Party :- Ayush Aroda
Counsel for Applicant :- Vikrant Pandey,Ram Krishna Shukla
Counsel for Opposite Party :- Vishal Mohan Gupta
Hon'ble Neeraj Tiwari,J.
Case has been called out in revised list. Learned counsel for the applicant is not present. Sri Vishal Mohan Gupta, learned counsel for the opposite party is not present.
Heard learned counsel for the applicant.
Earlier the matter was referred to Mediation Centre and as per office report dated 06.04.2022 based upon mediation report dated 08.03.2022, Mediation Completed. No Agreement." No counter affidavit has been filed on behalf of opposite party.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Mirzapur. He further submitted that opposite party has filed Case No. 1233 of 2021 (Ayush Aroda Vs. Neha Gupta), under Section 9 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Allahabad, which is around 87 kilometers away from District Mirzapur, therefore, it is very difficult for the applicant to attend the Court proceedings at District Allahabad on each date fixed and defend effectively. He next submitted that two other cases being Application No. 220 of 2021, under Section 125 Cr.P.C. and Misc. Case No. 219 of 2021, under Section 156(3) Cr.P.C. are pending in District Mirzapur. 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. 1233 of 2021 (Ayush Aroda Vs. Neha Gupta) is withdrawn from the Principal Judge, Family Court, Allahabad. Principal Judge, Family Court, Allahabad is directed to transmit the record of Case No. 1233 of 2021 to Principal Judge, Family Court, Mirzapur 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, Mirzapur or other Additional Judge as per the Rules of the Family Court.
Order Date :- 7.4.2022
Rmk.
