Allahabad High Court
Smt. Uma Sharma vs Rahul Kumar Sharma on 5 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 138 of 2022
Applicant :- Smt. Uma Sharma
Opposite Party :- Rahul Kumar Sharma
Counsel for Applicant :- Sohit Prakash Sharma,Satya Prakash Sharma
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
This Court vide order dated 15.03.2022 issued notice to opposite party. As per office report dated 25.04.2022 based upon postal report, notice has been served upon opposite party on 18.04.2022, 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 Aligarh. He further submitted that opposite party has filed Divorce Petition No. 1174 of 2020 (Rahul Vs. Smt. Uma Sharma), under Section 13 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Meerut, which is around 150 kilometers away from District Aligarh, therefore, it is very difficult for the applicant to attend the Court proceedings at District Aligarh on each date fixed and defend effectively. He next submitted that three other proceedings i.e. Case Crime No. 50 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, application under Section 125 Cr.P.C. and case under Sections 12, 18, 19, 20, 22 of Protection from Domestic Violence Act are pending in District Aligarh. 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 Divorce Petition No. 1174 of 2020 (Rahul Vs. Smt. Uma Sharma) is withdrawn from the Principal Judge, Family Court, Meerut. Principal Judge, Family Court, Meerut is directed to transmit the record of Divorce Petition No. 1174 of 2020 to Principal Judge, Family Court, Aligarh 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, Aligarh or other Additional Judge as per the Rules of the Family Court.
Order Date :- 5.5.2022
Rmk.
