Allahabad High Court
Shweta Singh vs Additional Principal Judge, Iind ... on 5 February, 2024
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:10582
Court No. - 5
Case :- TRANSFER APPLICATION (CIVIL) No. - 128 of 2023
Applicant :- Shweta Singh
Opposite Party :- Additional Principal Judge, Iind Family Court, Barabanki And Others
Counsel for Applicant :- Rajeev Kumar Mishra Rudra
Hon'ble Abdul Moin,J.
List revised.
Heard learned counsel for the applicant.
None has appeared on behalf of the respondents.
As per the office report dated 21.07.2023, service of notice upon respondent no. 3 is deemed to be sufficient.
Accordingly, the Court proceeds to hear and decide the matter finally.
At the very outset, learned counsel for the applicant states that inadvertently he has prayed for transfer of two cases from District Barabanki to District Gonda. He prays that the instant application may only be read in pursuance to transfer of Suit No. 177 of 2022 in re: Chandan Singh vs Shweta Singh and prays that application may be dismissed as not pressed with liberty to file fresh with regard to transfer of Case Crime No. 129 of 2022.
Accordingly, the application is dismissed as not pressed with regard to transfer of Case Crime No. 129 of 2022 with the aforesaid liberty.
The instant application has been filed under Section 24 of C.P.C. praying for transfer of Suit No.177 of 2022 in re: Chandan Singh vs Shweta Singh filed under Section 9 of the Hindu Marriage Act, pending before the learned Principal Judge, Family Court, Barabanki to any competent Court in Gonda.
The contention of learned counsel for the applicant is that the aforesaid suit had been filed at District Barabanki by the respondent no. 3 husband. The further contention is that the applicant is residing at Gonda.
The contention is that the applicant has lodged a First Information Report against her in laws which is registered as Case Crime No. 129 of 2022 under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Ram Nagar, District Barabanki.
Application under Section 125 Cr.P.C. has also been filed for maintenance of her and her child in March 2022. It is registered as Regular Suit No. 264 of 2022 and the same is pending at Gonda.
She has also filed an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005 against her in laws which is pending before learned Judicial Magistrate-II, Gonda and that the applicant is an unemployed lady having no source of income, accordingly travel from Gonda to Barabanki would entail financial hardship to her.
Reliance has been placed on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti, (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka, (2004) 13 SCC 686, to argue that the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings.
Accordingly, keeping in view the aforesaid discussion and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed.
Let the Suit No. 177 of 2022 in re: Chandan Singh vs Shweta Singh be transferred from the Court of learned Principal Judge, Family Court, Barabanki to the competent Court of District Gonda within four weeks, in accordance with law.
Order Date :- 5.2.2024
J.K. Dinkar
