Allahabad High Court
Smt. Suman Verma vs Ashutosh Kumar Verma on 20 July, 2022
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- TRANSFER APPLICATION (CIVIL) No. - 155 of 2021
Applicant :- Smt. Suman Verma
Opposite Party :- Ashutosh Kumar Verma
Counsel for Applicant :- Rajendra Prasad,Shishir Pradhan
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicant.
Instant application has been filed praying for transfer of Divorce Petition No.293 of 2021 in re: Ashutosh Kumar Verma vs. Suman Verma filed under Section 12 of the Hindu Marriage Act from the Court of learned Principal Judge, Family Court, Faizabad/Ayodhya to the Court of learned Principal Judge, Family Court, Barabanki.
This Court vide order dated 23.12.2021 had issued notice to respondent husband. As per office report dated 10.02.2022, notice on respondent is deemed sufficient. However, as nobody responds on behalf of the respondent, this Court proceeds to decide the matter finally.
Learned counsel for the applicant contends that the applicant got married with respondent Ashutosh Kumar Verma on 08.12.2020 in district Barabanki. There are allegations of harassment for dowry against the husband. It is also contended that on account of said harassment, the applicant is living at her parental house at Barabanki since 25.07.2021. In pursuance to the order of this Court dated 29.04.2022, a supplementary affidavit has been filed. In paragraph 3 of the said affidavit, it has been indicated that a case filed by the applicant under Section 156(3) Cr.P.C. numbered as 27176 of 2021 in re: Suman Verma vs. Ashutosh Kumar Verma is pending in the Court of learned Civil Judge (Junior Division), Court No.39/FTC, Barabanki, in which statements of the applicant and her father under Section 200 Cr.P.C. have been recorded. In paragraph 4 of the said affidavit, it has been indicated that a suit bearing Suit No.621 of 2021 in re: Suman Verma vs. Ashutosh Kumar Verma filed under Section 9 of the Hindu Marriage Act is pending before the Court of learned Additional Principal Judge, First Family Court, Barabanki, in which the evidence of the applicant has been filed on 18.05.2022.
Learned counsel for the applicant contends that as the aforesaid two cases are pending at District Barabanki as such going to attend the proceedings which have now been initiated by the applicant's husband at Faizabad/Ayodhya would cause immense financial burden on the applicant. Placing reliance on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti reported in (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686, learned counsel for the applicant argues that the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings.
Having heard learned counsel for the applicant and having perused the records, the Court finds that a Divorce Petition No.293 of 2021 filed by the husband of the applicant is pending at Faizabad/Ayodhya whereas two cases filed by the applicant, as indicated above, are pending at District Barabanki. Despite notice having been served on the respondent, no objections have been filed till date nor has anyone put in appearance on his behalf and as such it is apparent that the respondent has no objections to the prayer made in the instant application.
Accordingly, keeping in view the aforesaid discussions and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed.
Let the Divorce Petition No.293 of 2021 in re: Ashutosh Kumar Verma vs. Suman Verma be transferred from the Court of learned Principal Judge, Family Court, Faizabad/Ayodhya to the competent Court of District Barabanki, in accordance with law.
Order Date :- 20.7.2022
A. Katiyar
