Allahabad High Court
Sharda Kumari Alias Preeti vs Hareesh Kumar on 24 March, 2021
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- TRANSFER APPLICATION (CIVIL) No. - 164 of 2020 Applicant :- Sharda Kumari Alias Preeti Opposite Party :- Hareesh Kumar Counsel for Applicant :- Atmaram Singh Counsel for Opposite Party :- Meraj Ahmad Khan Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and learned counsel for the opposite party.
The present transfer application has been filed by the applicant seeking transfer of case no.477 of 2017 (Hareesh Chakrawarty Vs. Shard Kumari alias Preeti), under Section 13 of Hindu Marriage Act, from Judge, Family Court, Moradabad to Judge, Family Court, Budaun.
The transfer has been sought on the ground that the applicant is residing in Budaun and her father is suffering from paralysis. The applicant has no source of income and there is no other male member in the family of applicant to accompany her to contest the case at Moradabad.
Thus, on the aforesaid ground it is submitted by learned counsel for the applicant that considering the facts and circumstances of the case that the applicant is dependent upon her father who is suffering from paralysis and further the fact that the petition under Section 125 Cr.P.C. filed by the applicant is pending at Budaun, therefore, the balance of convenience lays in favour of the applicant if the aforesaid case is transferred from Moradabad to Budaun.
Learned counsel for respondent submits that there is no document on record to show that father of applicant is suffering from paralysis. He submits that applicant in her application under Section 24 of Hindu Marriage Act has stated in paragraph 7 that she is residing in village Kandharpur, District Bareilly. Besides above, several other documents which shows the place of residence of applicant is in district Bareilly, therefore, transfer has been sought to Budaun only to harass opposite party.
Learned counsel for the applicant submits that father of applicant is residing with her father who is under treatment at Bareilly and therefore, in such circumstances, averments in respect of place of residence of applicant in Bareilly has been made. He submits that since the proceedings under Section 125 Cr.P.C. is pending at Budaun and further, applicant is dependent upon her parents and as no maintenance has been paid by opposite party till date to her, therefore, in such circumstances, it would be appropriate in the interest of justice if case is transferred from Moradabad to Budaun.
I have heard learned counsel for the parties and perused the record.
According to applicant, she is residing at Budaun and she has has instituted proceedings under Section 125 Cr.P.C. at Budaun. Opposite party has filed a suit for dissolution of marriage at Moradabad. Distance between Moradabad to Budaun is 105 KMS and there is no family member of applicant to accompany her to Budaun to contest the case on every date. Learned counsel for the respondent could not demonstrate from the record that aforesaid fact is incorrect or false.
It is worth mentioning the fact that applicant is not paid any maintenance and she has no source of income and she is fully dependent upon her parents. Learned counsel for the respondent could not demonstrate from the record that applicant has any source of income and is not dependent upon her parents. It is also admitted that proceeding under Section 125 Cr.P.C. is pending at Budaun, therefore, in such circumstances, balance of convenience lays in favour of applicant for transfer of said case from Moradabad to Budaun.
Submission of learned counsel for respondent that applicant is residing at Bareilly and not Budaun as is evident from several documents filed by her, applicant has explained reasons that since her father is getting treatment at Bareilly, therefore, she has mentioned her address ofBareilly. Therefore, submission of learned counsel for respondent is also not sustainable.
For the reasons given above, transfer application is allowed and case no.477 of 2017 (Hareesh Chakrawarty Vs. Shard Kumari alias Preeti), under Section 13 of Hindu Marriage Act is transferred from court of Judge, Family Court, Moradabad to court of Judge, Family Court, Budaun.
Accordingly, Judge, Family Court, Moradabad is directed to remit the record of case no.477 of 2017 (Hareesh Chakrawarty Vs. Shard Kumari alias Preeti), under Section 13 of Hindu Marriage Act to court of Judge, Family Court, Budaun within a period of one month from today. The Judge, Family Court, Budaun after receiving record shall proceed in accordance with law to decide the case no.477 of 2017.
Order Date :- 24.3.2021 S.Sharma