Smt. Vijay Bharti vs Prem Narayan Vyas
2022 Latest Caselaw 851 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 168 of 2021
 

 
Applicant :- Smt. Vijay Bharti
 
Opposite Party :- Prem Narayan Vyas
 
Counsel for Applicant :- Satyendra Sharma,Rajesh Sharma
 
Counsel for Opposite Party :- Pradip Kumar Shukla
 

 
Hon'ble Neeraj Tiwari,J.

Case called out in revise. Learned counsel for the applicant is present whereas Sri Pradip Kumar Shukla, learned counsel for the opposite party is not present.

Vakalatnama on behalf of opposite party has been filed on 20.12.2021, but till date, no counter affidavit has been filed.

Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Kanpur Nagar alongwith two children and opposite party has filed Marriage Petition No. 617 of 2019 before Principal Judge, Family Court, Greater Noida, Gautam Budh Nagar, which is away from District Kanpur Nagar, therefore, it is very difficult for her to attend the Court proceedings at District Gautam Budh Nagar on each date fixed and defend effectively. He further submitted that two cases are already pending in District Kanpur Nagar. He lastly 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 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 Marriage Petition No. 617 of 2019 is withdrawn from the Principal Judge, Family Court, Greater Noida, Gautam Budh Nagar. Principal Judge, Family Court, Greater Noida, Gautam Budh Nagar is directed to transmit the record of Marriage Petition No. 617 of 2019 (Prem Narayan Vyas Vs. Vijay Bharti) to Principal Judge, Family Court, Kanpur Nagar 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 Kanpur Nagar or other Additional Judge as per the Rules of the Family Court.

Order Date :- 8.4.2022

Arvind