Allahabad High Court
Chanda vs Amit Jaishwal on 4 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 461 of 2021
Applicant :- Chanda
Opposite Party :- Amit Jaishwal
Counsel for Applicant :- Ajay Singh,Hitesh Kumar Mishra
Counsel for Opposite Party :- Ritesh Upadhyay
Hon'ble Neeraj Tiwari,J.
Case called out in revise. Learned counsel for the applicant is present whereas Sri Ritesh Upadhyay, learned counsel for the opposite party is not present.
Vide order dated 09.11.2021, matter was referred to Mediation Centre and as per office report dated 02.05.2022, mediation completed "no agreement".
Learned counsel for applicant submitted that till date no counter affidavit has been filed.
In the present case, appearance of Sri Ritesh Upadhyay, learned counsel for the opposite party is shown before the Court first time on 09.11.2021, but till date no counter affidavit has been filed, therefore, Court is proceeded to decide the case on merit.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Chandauli. Opposite party has filed Case No. 82 of 2021 before Family Court, Varanasi. It is next submitted that other proceedings i.e. Case Crime No. 016 of 2021 and 125 Cr.P.C. are pending in Chandauli. Therefore, it is very difficult for her to attend the Court proceedings at District Varanasi 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.
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 Case No. 82 of 2021 is withdrawn from the Principal Judge, Family Court, Varanasi. Principal Judge, Family Court, Varanasi is directed to transmit the record of Case No. 82 of 2021 to Principal Judge, Family Court, Chandauli 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, Chandauli or other Additional Judge as per the Rules of the Family Court.
Order Date :- 4.5.2022
Sartaj
