Allahabad High Court
Smt. Rachana Devi vs Aaditya Kumar on 5 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 152 of 2022
Applicant :- Smt. Rachana Devi
Opposite Party :- Aaditya Kumar
Counsel for Applicant :- Harsh Narayan Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
This Court vide order dated 22.03.2022 issued notice to opposite party. As per office report dated 04.05.2022 based upon postal report, notice has been served upon opposite party on 8.04.2022, but no one has put in appearance on his behalf. Therefore, the Court has proceeded to decide the case on merits.
Learned counsel for the applicant submitted that earlier applicant was married with one Pankaj Sharma in the year 2009 and one female child was born from their wedlock. Pankaj Sharma died in a road accident. After death of her first husband, she solemnized second marriage with the opposite party. Presently she is residing at Banda alongwith minor daughter at the house of her parents. He further submitted that opposite party has filed Case No. 904 of 2019 (Aaditya Kumar Vs. Smt. Rachana Devi), under Section 9 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Kanpur Dehat, which is around 160 kilometers away from District Banda, therefore, it is very difficult for the applicant to attend the Court proceedings at District Kanpur Dehat on each date fixed and defend effectively. He next submitted that three other proceedings i.e. Criminal Case No. 424 of 2019, under Section 125 Cr.P.C., Criminal Complaint Case No. 119/IX of 2020, under Section 12 of Protection of Women From Domestic Violence Act and application under Section 156(3) Cr.P.C. are pending in District Banda. 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.
I have considered submissions advanced by learned counsel for the 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. 904 of 2019 (Aaditya Kumar Vs. Smt. Rachana Devi) is withdrawn from the Principal Judge, Family Court, Kanpur Dehat. Principal Judge, Family Court, Kanpur Dehat is directed to transmit the record of Case No. 904 of 2019 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 :- 5.5.2022
Rmk.
