Allahabad High Court

Smt. Laxmi vs Sumit Singh on 1 April, 2025

Author: Neeraj Tiwari

Bench: Neeraj Tiwari





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44825
 
Court No. - 2
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 671 of 2024
 

 
Applicant :- Smt. Laxmi
 
Opposite Party :- Sumit Singh
 
Counsel for Applicant :- Brij Lal Shukla
 
Counsel for Opposite Party :- Ravi Pandey
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants and Sri Ravi Pandey, learned counsel for the opposite party.

Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Hathras which is around 60 kilometers away from District Agra, therefore, it is very difficult for her to attend the Court proceedings at District Agra on each date fixed and defend effectively. He lastly submitted that Apex Court has taken constant view that in such cases convenience of the wife has to be taken into consideration. In support of his contention, he has placed reliance upon the judgments of the Hon'ble Apex Court in the cases of Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41, Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356 respectively.

Sri Ravi Pandey, learned counsel for the opposite party has opposed the submission, but could not dispute the legal and factual submission made by the learned counsel for the applicant.

I have considered rival submissions advanced by learned counsels for parties and perused the records as well as judgments relied upon by counsel for applicant. Facts of the case are not disputed and controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.

Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Divorce Petition No. 3160 of 2023 (Sumit Singh vs. Smt. Laxmi), under Section 12(5) of Hindu Marriage Act is withdrawn from the Principal Judge, Family Court, Agra. Principal Judge, Family Court, Agra is directed to transmit the record of aforesaid case to Principal Judge, Family Court, Hathras 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 Hathras or other Additional Judge as per the Rules of the Family Court.

Order Date :- 1.4.2025

Sartaj