Allahabad High Court
Navneeta Srivastava vs Nitin Saxena on 20 February, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- TRANSFER APPLICATION (CIVIL) No. - 63 of 2022
Applicant :- Navneeta Srivastava
Opposite Party :- Nitin Saxena
Counsel for Applicant :- Rama Kant Srivastava
Counsel for Opposite Party :- Rajiv Raman Srivastava
Hon'ble Saurabh Lavania,J.
Heard learned Counsel for the applicant and Sri Adarsh Shukla, learned Advocate holding brief of Sri Rajiv Raman Srivastava, learned Counsel for the opposite party. Sri Shukla, learned Advocate has stated that he has no instructions regarding the matter as his client has not contacted him.
As per office report dated 16.05.2022, service upon sole opposite party is sufficient and after considering the same, this Court on 11.11.2022 passed the following orders:-
"Heard learned counsel for the petitioner.
The record indicates that notice has been issued to the respondent and as per the office report dated 16.05.2022, the notice is deemed sufficient, however, none has put in appearance nor any objections have been filed on their behalf.
As a matter of last resort, the respondents, if may chose, may file their response within a period of ten days failing which the matter shall be heard in its absence.
List this matter again on 24th November, 2022.
Sri Rajiv Raman Srivastava, learned counsel has put in appearance on behalf of respondent and has filed his vakalatnama, however, no objections have been filed nor he has put in appearance at the time of call of the case."
After the aforesaid, on 24.11.2022 the following order was passed by this Court:-
"The learned counsel for the respondent submits that since the respondent's mother is seriously ill, he could not get the counter affidavit prepared and prays for and is granted 10 days' time to file the counter affidavit.
The learned counsel for the petitioner submits that the matter is listed before the court on 01.12.2022 where the respondents are proceeding with the matter and considering the aforesaid, the liberty is granted to the petitioner to move an appropriate application to adjourn the matter on 01.12.2022. In case if the petitioner moves such application, the Court shall fix the matter after 12.12.2022.
List this matter again on 08th December, 2022.
In case if the counter affidavit affidavit or objection is not filed on the next date or the counsel for the respondent does not appear, the matter shall be hard in its absence."
Again on 08.12.2022, the following order as passed by this Court:-
"Heard learned counsel for the petitioner and Shri Rajiv Raman Srivastava, learned counsel for the respondent, who has sent an illness slip.
On 24.11.2022, the Court had passed the following order, which reads as under:-
"The learned counsel for the respondent submits that since the respondent's mother is seriously ill, he could not get the counter affidavit prepared and prays for and is granted 10 days' time to file the counter affidavit.
The learned counsel for the petitioner submits that the matter is listed before the court on 01.12.2022 where the respondents are proceeding with the matter and considering the aforesaid, the liberty is granted to the petitioner to move an appropriate application to adjourn the matter on 01.12.2022. In case if the petitioner moves such application, the Court shall fix the matter after 12.12.2022.
List this matter again on 08th December, 2022.
In case if the counter affidavit affidavit or objection is not filed on the next date or the counsel for the respondent does not appear, the matter shall be hard in its absence."
Today again despite the said order neither any counter affidavit/objection has been filed rather an illness slip has been sent.
Considering the aforesaid, list this matter again on 12.12.2022 peremptorily. In case, if learned counsel for the respondent has any difficulty, he shall make an alternative arrangement.
Shri Shishir Srivastava holding brief of Shri Rama Kant Srivastava, learned counsel for the petitioner shall informed to the learned counsel for the respondent of the order passed today."
It is stated by learned Counsel for the applicant that applicant at present is residing at Unnao alongwith her parents. He further stated that on 04.02.2016, marriage was solemnized between the applicant and opposite party-Nitin Saxena and on account of dispute between the applicant and opposite party, the applicant has filed a case under Section 125 Cr.P.C., which is pending in the Court of Principal Judge, Family Court Unnao as Case No. 1008 of 2021 (Navneeta Srivastava Versus Nitin Saxena).
He further stated that opposite party has also filed a suit under Section 13 of Hindu Marriage Act 1955, which is pending before Principal Judge, Family Court Sitapur, as Case No. 1490 of 2021 (Nitin Saxena Vs. Navneeta Srivastava).
Further submission is that it is very difficult to the applicant to attend the proceedings of the case at Sitapur. Prayer is to transfer the case from Principal Judge, Family Court, Sitapur to the appropriate court in District Unnao.
In support of prayer sought, he has placed reliance on the judgment(s) reported in (2002) 10 SCC 480 (Leena Mukharjeet Vs. Rabi Shankar Mukharjee), 2014 SCC OnLine All 15698 (Pushpa Lodhi Vs. Anup Kant Singh), (2001) 10 SCC 41 (Sumita Singh Vs. Kumar Sanjay and another).
Considering the aforesaid facts, this Court is of the view that the application for transfer of the applicant is liable to be allowed.
Accordingly it is allowed. The Case No. 1490 of 2021 (Nitin Saxena Vs. Navneeta Srivastava) pending before the Principal Judge, Family Court Sitapur, be transferred to the Court of Principal Judge, Family Court, Unnao, within a period of two weeks from the date production of certified copy of this order before the Court concerned along with necessary documents etc.
The application stands allowed.
Order Date :- 20.2.2023
Jyoti/-
