Allahabad High Court
Smt. Sangeeta Alias Sangeeta Shah vs Additional Principal Judge, ... on 24 March, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- TRANSFER APPLICATION (CIVIL) No. - 64 of 2022
Applicant :- Smt. Sangeeta Alias Sangeeta Shah
Opposite Party :- Additional Principal Judge, Family Court, Court No.1, Gonda And Another
Counsel for Applicant :- Laxmi Narayan Gupta,Pankaj Kumar Singh
Counsel for Opposite Party :- Shailender Singh,Ankit Tiwari,Pushpendra Kumar Sharma,Varun Kumar Mishra
Hon'ble Saurabh Lavania,J.
Heard.
Present application has been filed seeking transfer of the case i.e. R.S. No. 476 of 2016 (Pankaj Kumar Versus Smt. Sangeeta) filed under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Additional Principal Judge, Family Court, Gonda to the competent court at Gorakhpur.
This Court after considering the facts and circumstances of the case, on 11.11.2022 passed the following orders:-
"Heard learned counsel for the petitioner.
The record indicates that the notices were issued to the respondents and as per the office report dated 10.05.2022, the service on the respondent is sufficient.
Sri Shailender Singh, learned counsel has put in appearance by filing his vakalatnama, however, no objections have been filed. Even at the time of call of the case, none responded on behalf of the respondents.
As a matter of last opportunity, the respondents, if may, so chose, may file their objections within a period of ten days with an advance copy to the learned counsel for the petitioner failing which the matter shall be heard in its absence.
List this matter on 24th November, 2022.
As an interim measure, the further proceedings of Regular Suit No. 476 of 2016 under Section 13 of the Hindu Marriage Act shall remain stayed till the next date of listing. "
Thereafter, the present case was fixed on 24.11.2022, 19.12.2022, 20.01.2023, 28.01.2023, 17.02.2023 and 14.03.2023. From the order sheet it appears that on these dates no one appeared for the opposite party. Today, also when the case was called out, no one appeared to oppose the present transfer application on behalf of opposite party. In this background of the case, this Court proceeded to hear the matter on merits.
It is stated by learned Counsel for the applicant that applicant -Smt. Sangeeta alongwith is residing in her parental house at Gorakhpur and proceeding under Section 125 Cr.P.C. is also pending before competent Court of jurisdiction at Gorkhpur.
It is also stated that it is very difficult to the applicant to attend the proceedings of the case at Gonda. Prayer is to transfer the case, in issue, from the court of Additional Principal Judge, Family Court, Gonda to the competent court at Gorakhpur.
In support of his submission he has placed reliance on the following judgments:-
(1) 2022 SCC OnLine SC 1191 (N.C.V. Aishwarya Versus A.S. Saravana Karthik Sha)
(2) Transfer Application (Civil) No. 19 of 2021 (Smt. Shikha Jaiswal Vs. Atul Kumar Jaiswal) decided on 27.07.2021
(3) Transfer Petition (Civil) No.-198 of 2018 ( Achala Harsh Versus Rajiv Gupta) decided on 16.09.2022.
Considering the aforesaid facts as also the judgments relied upon by the learned Counsel for the applicant, this Court is of the view that the present application for transfer is liable to be allowed.
Accordingly, the application is allowed. The Matrimonial R.S. No. 476 of 2016 (Pankaj Kumar Versus Smt. Sangeeta) pending in the court of Additional Principal Judge, Family Court, Gonda be transferred to the competent court at Gorakhpur, within a period of two weeks from the date of production of certified copy of this order before the Court concerned alongwith necessary documents etc.
The application stands allowed in aforesaid terms.
Order Date :- 24.3.2023
Jyoti/-
