Allahabad High Court
Smt. Shobhna Yadav vs Ashish Kumar Yadav on 4 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 641 of 2021
Applicant :- Smt. Shobhna Yadav
Opposite Party :- Ashish Kumar Yadav
Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava
Counsel for Opposite Party :- Ramesh Kumar Mishra,Raj Kumar Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and Sri Ramesh Kumar Mishra, learned counsel for the opposite party.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Banda and opposite party has filed Case No. 34 of 2021 (Ashish Kumar Yadav Vs. Smt. Shobhna Yadav) before Principal Judge, Family Court, Chitrakoot. He next submitted that other proceedings i.e. complaint case no. 160/12/2020 and case no. 859/19/2019 are also pending at District Banda, therefore, it is very difficult for her to attend the Court proceedings at District Chitrakoot on each date fixed and defend effectively. 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.
Sri Ramesh Kumar Mishra, learned counsel for the opposite party could not dispute the legal and factual submission made by the learned counsel for the applicant and submitted that one case under Section 125 Cr.P.C. filed by the applicant is pending at District Chitrakoot where applicant has filed withdrawal application after filing counter affidavit.
Learned counsel for the applicant submitted that earlier, withdrawal application was filed at District Chitrakoot, but now applicant is residing at District Banda, where she has also filed withdrawal application, which may be allowed by the Court below at any time.
I have considered rival submissions advanced by learned counsels for parties and perused the records as well as judgments relied upon by counsel for 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 Case No. 34 of 2021 (Ashish Kumar Yadav Vs. Smt. Shobhna Yadav) is withdrawn from the Principal Judge, Family Court, Chitrakoot. Principal Judge, Family Court, Chitrakoot is directed to transmit the record of Case No. 34 of 2021 (Ashish Kumar Yadav Vs. Smt. Shobhna Yadav) to Principal Judge, Family Court, Banda 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 Banda or other Additional Judge as per the Rules of the Family Court.
Order Date :- 4.5.2022
Arvind
