Allahabad High Court
Smt. Neha Sonkar vs Dr. Santosh Kumar on 22 May, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:112081
Court No. - 2
Case :- TRANSFER APPLICATION (CIVIL) No. - 215 of 2023
Applicant :- Smt. Neha Sonkar
Opposite Party :- Dr. Santosh Kumar
Counsel for Applicant :- Dhananjay Shukla
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
This Court vide order dated 21.03.2023 has issued notice to respondent. As per office reported dated 20.05.2023, notice has been served upon respondent through both mode, but no one has put in appearance.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Kanpur Nagar alongwith her parents. He further submitted that opposite party has filed Case No. 10 of 2023 (Dr. Santosh Kumar Vs. Smt. Neha Sonkar), under Section 13 of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Chitrakoot, which is around 225 kilometers away from District Kanpur Nagar, therefore, it is very difficult for the applicant to attend the Court proceedings at District Chitrakoot on each date fixed and defend effectively. He next submitted that two other proceedings i.e. F.I.R. in Case Crime No. 1435 of 2020, under Sections 498A, 323, 504, 506, 354A I.P.C. and Section 3/4 Dowry Prohibition Act, and Complaint Case No. 14798 of 2020, under Sections 12, 17, 18, 19, 20, 22, 23 Protection of Women from Domestic Violence Act are pending in District Kanpur Nagar.
He next submitted that earlier also a Transfer Application(Civil) No. 367 of 2020 was filed by the applicant and the Court vide order dated 4.5.2022 allowed and transferred the record of Original Suit No. 140 of 2020 to Kanpur Nagar.
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 submission advanced by learned counsel for the applicant and perused the records as well as judgments relied upon by counsel for the applicant. Controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.
Under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 10 of 2023 (Dr. Santosh Kumar Vs. Smt. Neha Sonkar) is withdrawn from the Principal Judge, Family Court, Chitrakoot. Principal Judge, Family Court, Chitrakoot is directed to transmit the record of Case No. 10 of 2023 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 :- 22.5.2023
ADY
