Allahabad High Court
Smt. Meenu Jahan @ Khushnuma Bano vs Mohd. Sajid on 26 July, 2022
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- TRANSFER APPLICATION (CIVIL) No. - 43 of 2020
Applicant :- Smt. Meenu Jahan @ Khushnuma Bano
Opposite Party :- Mohd. Sajid
Counsel for Applicant :- Rakesh Kumar Agarwal,Om Chandra Sahu,Saksham Agarwal
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicant.
Instant application has been filed praying for transfer of Regular Suit No.923 of 2019 in re: Mohd. Sajid vs. Khusnuma, from the Court of learned Principal Judge, Family Court, Hardoi to the Court of competent jurisdiction at Lucknow.
This Court vide order dated 17.06.2020 had issued notice to respondent husband. As per office report dated 11.09.2020, 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 Mohd. Sajid on 22.02.2015 in district Lucknow. After marriage, the applicant started living her husband's place at district Hardoi. A son was also born to the couple on 26.03.2016. There are allegations of physical harassment for dowry against the husband. Despite various efforts being made by the parents of both the sides, the respondent did not improve and presently the applicant is residing at her parental house at Lucknow. It is contended that an application under Section 125 Cr.P.C. has been filed by the applicant at Lucknow which is pending and the applicant having no other source of income is unable to do pairvi. It is also contended that subsequent to filing of the case under Section 125 Cr.P.C., the respondent has filed the aforesaid suit and since the applicant has no source of income to do pairvi at Hardoi, she has filed the instant petition.
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 Regular Suit No.923 of 2019 filed by the husband of the applicant is pending at Hardoi whereas the case filed by the applicant under Section 125 Cr.P.C., as indicated above, is pending at District Lucknow. 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 Regular Suit No.923 of 2019 in re: Mohd. Sajid vs. Khusnuma be transferred from the Court of learned Principal Judge, Family Court, Hardoi to the competent Court of District Lucknow, in accordance with law.
Order Date :- 26.7.2022
A. Katiyar
