Allahabad High Court
Neha vs Naseem on 28 November, 2023
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:224641 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 637 of 2023 Applicant :- Neha Opposite Party :- Naseem Counsel for Applicant :- Dhirendra Singh,Mahesh Chand Sagar Hon'ble Saral Srivastava,J.
Order on Order Sheet.
In view of the office report dated 25.11.2023, the service of notice upon opposite party is deemed to be sufficient.
Order on Transfer Application.
1. Heard learned counsel for the applicant.
2. No one appears on behalf of the opposite party even in repeated calls.
3. The present application has been filed by the applicant-wife seeking transfer of Case No.243 of 2022 (Naseem Vs. Neha), under Section 2 of Dissolution of Muslim Marriage Act, 1939 pending in the court of Principal Judge, Family Court, District Baghpat to court of Principal Judge, Family Court, District Saharanpur.
4. It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C. and another under Sections 498A, 323, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Saharanpur whereas opposite party has instituted the divorce petition at Baghpat. It is submitted that applicant is residing with her aged parents at Saharanpur and distance between Saharanpur to Baghpat is about 130 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Saharanpur to Baghpat to contest the case instituted by opposite party at Baghpat on each and every date fixed in the matter. It is further submitted that there is no male person in the family of applicant to accompany her to Baghpat to contest the case on each and every date. It is further submitted that financial condition of applicant is not good to do pairvi in the case. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. It is also submitted that balance of convenience also lay in favour of the applicant, and if the case is allowed to be proceeded at Baghpat, applicant would suffer serious prejudice.
5. The opposite party has neither put in appearance nor filed any counter affidavit, therefore, the averments contained in the affidavit filed in support of the transfer application are unrebutted and they are being treated to be correct.
6. It is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Baghpat to District Saharanpur.
7. Accordingly, the Case No.243 of 2022 (Naseem Vs. Neha), under Section 2 of Dissolution of Muslim Marriage Act, 1939 pending in the court of Principal Judge, Family Court, District Baghpat is transferred to the court of Principal Judge, Family Court, Saharanpur.
8. The Principal Judge, Family Court, Baghpat is directed to remit the record of Case No.243 of 2022 (Naseem Vs. Neha), under Section 2 of Dissolution of Muslim Marriage Act, 1939 to the court of Principal Judge, Family Court, Saharanpur for its disposal.
9. The Transfer Application is allowed with no order as to costs.
Order Date :- 28.11.2023 Sattyarth