Allahabad High Court
Neha Sonkar vs Dr. Santosh Kumar Sonkar on 4 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 367 of 2020
Applicant :- Neha Sonkar
Opposite Party :- Dr. Santosh Kumar Sonkar
Counsel for Applicant :- Ashok Kumar Tripathi
Counsel for Opposite Party :- Ajay Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and Sri Neeraj Sinha, Advocate holding brief of Sri Ajay Singh, learned counsel for the opposite party.
This Court vide order dated 11.11.2021 referred the matter before the Mediation Centre. As per information given by learned counsel for the applicant and as per office report dated 26.02.2022, "Mediation Completed. No Agreement." Considering this fact, this Court vide order dated 11.04.2022 granted two weeks and no more time to the counsel for the opposite party to file counter affidavit, but no counter affidavit has been filed till date. Today, learned counsel for the opposite party prays for further time to file counter affidavit, which is rejected.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Kanpur Nagar alongwith her parents. He further submitted that opposite party has filed Original Suit No. 140 of 2020 (Dr. Santosh Sonkar Vs. Neha Sonkar), under Section 9 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Banda, which is around 125 kilometers away from District Kanpur Nagar, therefore, it is very difficult for the applicant to attend the Court proceedings at District Banda on each date fixed and defend effectively. He next submitted that three other proceedings i.e. F.I.R. in Case Crime No. 1435 of 2020, under Sections 498A, 323, 504, 506, 354A I.P.C. and Section 3/4 Dowry Prohibition Act, Case No. 1126 of 2020, under Section 125 Cr.P.C. and Complaint Case No. 14798 of 2020, under Sections 12, 17, 18, 19, 20, 22, 23 Protection of Women from Domestic Violence Act are pending in District Kanpur Nagar. 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 Neeraj Sinha, Advocate holding brief of Sri Ajay Singh, learned counsel for the opposite party has opposed the submission, but could not dispute the factual and legal submissions made by the learned counsel for the applicant.
I have considered rival submissions advanced by learned counsels for the parties and perused the records as well as judgments relied upon by counsel for the applicant. Facts of the case are not disputed 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 Original Suit No. 140 of 2020 (Dr. Santosh Sonkar Vs. Neha Sonkar) is withdrawn from the Principal Judge, Family Court, Banda. Principal Judge, Family Court, Banda is directed to transmit the record of Original Suit No. 140 of 2020 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 :- 4.5.2022
Rmk.
