Allahabad High Court
Smt. Usha Ahirwar vs Vinit Kumar Verma on 6 May, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 400 of 2021
Applicant :- Smt. Usha Ahirwar
Opposite Party :- Vinit Kumar Verma
Counsel for Applicant :- Awadhesh Kumar Malviya
Counsel for Opposite Party :- Atul Kumar Srivastava
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and Sri Atul Kumar Srivastava, learned counsel for the opposite party.
Present transfer application has been filed to transfer the Marriage Suit No. 75 of 2017, Execution Case No. 01/2019 and Marriage Suit No. 466 of 2020 from judgeship of Ghazipur to the judgeship of Kanpur Nagar.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Kanpur Nagar and opposite party has filed aforesaid cases in Ghazipur, which is far away from District Kanpur Nagar, therefore, it is very difficult for her to attend the Court proceedings at District Ghazipur 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 Atul Kumar Srivastava, learned counsel for the opposite party has submitted that he has no objection to the prayer made, but he only submitted that a direction may be issued to the Court concerned to decide the aforesaid cases at the earliest.
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 proceedings of Marriage Suit No. 75 of 2017, Execution Case No. 01/2019 and Marriage Suit No. 466 of 2020 are withdrawn from the judgeship of Ghazipur. Principal Judge, Family Court, Ghazipur is directed to transmit the record of aforesaid cases to Principal Judge, Family Court, Kanpur Nagar 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 Kanpur Nagar or other Additional Judge as per the Rules of the Family Court.
Order Date :- 6.5.2022
Sartaj
