Smt. Sushma Verma vs Suresh Kumar Verma
2023 Latest Caselaw 15486 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34452
 
Court No. - 18
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 45 of 2022
 

 
Applicant :- Smt. Sushma Verma
 
Opposite Party :- Suresh Kumar Verma
 
Counsel for Applicant :- Surendra Kumar Mishra
 
Counsel for Opposite Party :- Shailesh Kumari
 

 
Hon'ble Saurabh Lavania,J.

Heard.

Present application has been filed seeking transfer of the case i.e. Divorce Suit No. 377 of 2020 (Suresh Kumar Verma Versus Smt. Sushma Verma) filed under Section 13 of the Hindu Marriage Act, 1955 which is pending in the Court of Principal Judge, Family Court, Balrampur to the competent court of jurisdiction at Ambedkar Nagar.

It is stated by learned Counsel for the applicant that applicant-Sushma Verma is residing in her parental house at Ambedkar Nagar and the proceedings instituted by the applicant under Section 125 Cr.P.C. for maintenance and Protection of Women from Domestic Violence Act 2005 as also a case crime no. 0013 of 2021 under Sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act, are pending before competent Court of jurisdiction at Ambedkar Nagar. The suit in relation to which the present transfer application has been filed is pending before the court at Balrmpur, which is far away from Ambedkar Nagar. As such, the same is liable to be transferred at Ambedkar Nagar.

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.

Prayer is to allow the transfer application.

Learned Counsel for the opposite party vehemently opposed the present application seeking transfer. However, could not dispute the aforesaid facts.

Considering the aforesaid facts and submissions of learned Counsel for the parties 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 Divorce Suit No. 377 of 2020 (Suresh Kumar Verma Versus Smt. Sushma Verma) pending in the court of Principal Judge, Family Court, Balrampur be transferred to the competent court of jurisdiction at Ambedkar Nagar, 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.

Order Date :- 17.5.2023

Jyoti/-