Allahabad High Court
Ankita Singh vs Shashank Chauhan on 5 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 153 of 2022
Applicant :- Ankita Singh
Opposite Party :- Shashank Chauhan
Counsel for Applicant :- Mukesh Joshi
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 06.04.2022, 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 applicant is wife of opposite party and residing at Moradabad. He further submitted that opposite party has filed Marriage Petition No. 2164 of 2021 (Shashank Chauhan Vs. Smt. Ankita Singh), under Section 12 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Agra, which is around 356 kilometers away from District Moradabad, therefore, it is very difficult for the applicant to attend the Court proceedings at District Agra on each date fixed and defend effectively. He next submitted that two other proceedings i.e. Case Crime No. 217 of 2021, under Sections 498A, 323, 504 I.P.C. and section 3/4 Dowry Prohibition Act and Case No. 780 of 2021, under Section 125 Cr.P.C. are pending in District Moradabad. 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 ofMarriage Petition No. 2164 of 2021 (Shashank Chauhan Vs. Smt. Ankita Singh) is withdrawn from the Principal Judge, Family Court, Agra. Principal Judge, Family Court, Agra is directed to transmit the record ofMarriage Petition No. 2164 of 2021 to Principal Judge, Family Court, Moradabad 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, Moradabad or other Additional Judge as per the Rules of the Family Court.
Order Date :- 5.5.2022
Rmk.
