Allahabad High Court
Shaily vs Ankit Kumar on 3 September, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:143237 Court No. - 35 Case :- TRANSFER APPLICATION (CIVIL) No. - 332 of 2021 Applicant :- Shaily Opposite Party :- Ankit Kumar Counsel for Applicant :- Anurag Yadav,Ashok Kumar Chaubey,Mahendra Pratap Counsel for Opposite Party :- Adesh Kumar,Shantanu Srivastava,Surya Pratap Singh,Yogendra Pal Singh Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the applicant, learned counsel for opposite party and perused the record.
2. This transfer application has been filed by the applicant seeking transfer of O.S. No. 2155 of 2020, under Section 13 (1) of the Hindu Marriage Act, 1955 (Ankit Kumar (husband) vs. Smt. Shaily) from Principal Judge, Family Court, Meerut to the Court of competent jurisdiction in the judgeship of Baghpat.
3. It is submitted by learned counsel for the applicant that it is matrimonial dispute between the parties. The applicant is wife, presently residing in Baghpat at her father's house. The applicant has also filed a case under Section 125 Cr.P.C. for maintenance in the court of Principal Judge, Family Court, Baghpat, which was registered as Criminal Case No. 9 of 2021 (Smt. Shaily vs. Ankit Kumar Sharma). A complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 has also been filed before the Court of Rural Judge, Baraut, Baghpat against her husband. The applicant has also lodged an FIR under Sections 498A, 323, 354B, 307, 504, 506 IPC, P.S. Baraut, District Baghpat against the applicant, which was registered as Case Crime No. 41 of 2021. All the cases filed by the applicant are pending in the judgeship of Baghpat. The present divorce petition has been filed by opposite party (husband), in the Court of Principal Judge, Family Court, Meerut which is about 100 Km. away from Bhaghpat. The applicant being deserted wife of opposite party having no source of income is facing great hardship to contest the proceeding of the aforesaid case.
4. Sri Surya Pratap Singh, learned counsel appearing on behalf of opposite party states that opposite party husband has no objection, if the divorce petition is transferred from District Meerut to District Baghpat.
5. In view of the above statement of learned counsel for the husband, the present transfer application is allowed. The O.S. No. 2155 of 2020 filed under Section 13 (1) of the Hindu Marriage Act, 1955 (Ankit Kumar (husband) vs. Smt. Shaily) is transferred from the Court of Principal Judge, Family Court, Meerut to the Court of Principal Judge, Family Court, Baghpat.
6. Learned Principal Judge, Family Court Meerut, is requested to send the entire record of the aforesaid case to the Court of Principal Judge, Family Court, Baghpat.
7. The Principal Judge, Family Court, Baghpat, is requested to conclude the proceeding of the aforesaid case within a period of six months from the date of receipt of record of O.S. No. 2155 of 2020 after affording opportunity of hearing to the parties concerned and without granting any undue adjournment to both the parties, unless there is any legal impediment.
Order Date :- 3.9.2024 v.k.updh.