Allahabad High Court
Smt. Hema vs Dhirendra Pratap Singh on 21 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- TRANSFER APPLICATION (CIVIL) No. - 613 of 2022 Applicant :- Smt. Hema Opposite Party :- Dhirendra Pratap Singh Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- Vinod Kumar Singh Hon'ble J.J. Munir,J.
Heard Mr. Sujan Singh, learned Counsel for the applicant and Mr. Vinod Kumar Singh, learned Counsel appearing for the opposite party.
This transfer application has been filed by the wife seeking transfer of Case No. 1918 of 2016 Dhirendra Pratap Singh vs. Smt. Hema from the Principal Judge, Family Court, Ghaziabad to the Principal Judge, Family Court, Agra.
It is submitted that the applicant is staying with her parents at Agra and is financially dependent upon them. She has no income of her own. Besides herself, she has a son, born to parties, also dependent upon the family members of the applicant. In the circumstances, it is difficult for the applicant to travel from Agra to Ghaziabad and effectively defend proceedings there on each date fixed. It is pointed out that the opposite party has himself instituted proceedings under Section 7 read with Rule 25 of the Guardian and Wards Act at Agra, which shows that he has no difficulty whatsoever in prosecuting and defending the legal proceedings at Agra. In case, present proceedings are moved to Agra, all the cases can be heard at one station, where the parties can request the Court concerned to schedule a single date. It is also urged that convenience of the wife about the venue in a matrimonial cause has to be accorded priority.
Mr. Vinod Kumar Singh, learned Counsel for the opposite party has made a statement at the Bar that he does not intend to file a counter affidavit and has no objection to the transfer of proceedings, subject only to the request that the trial may be expedited.
Upon hearing learned counsel for the applicant and perusing the record, this Court finds that there is one case pending inter partes at Agra, which the opposite party has instituted there under Section 7 Guardian and Wards Act. In the circumstances, if the present proceedings are moved from Ghaziabad to Agra, it would promote ease of litigation for both parties, where they can request a single date in all matters. Proceedings venued at one station would save time, resources and energy for both parties and also expedite the outcome.
Also, the assertion that the applicant stays with her parents at Agra and is financially dependent upon them, has not been transversed. The applicant has a son born to parties to take care of and for the child needs too, she is dependent upon her parents. In the circumstances, it is not possible for the applicant to travel from Ghaziabad to Agra on each date scheduled.
Quite apart, the convenience of the wife about the venue is favoured in matrimonial causes and nothing has been shown in this case to make it different from the rule. In this regard, reference may be made to the decision of the Supreme Court in Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, where it has been held that in matrimonial causes, the convenience of the wife is a good ground to grant transfer. In this connection, reference may further be made to the recent decision of the Supreme Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199.
In the opinion of this Court, good grounds for transferring the proceedings are made out.
The Transfer Application is allowed.
The proceedings of Case No. 1918 of 2016 Dhirendra Pratap Singh vs. Smt. Hema, are withdrawn from the file of the Principal Judge, Family Court, Ghaziabad and transferred to Principal Judge, Family Court at Agra, who may proceed to try the case himself or assign to it to an Additional Principal Judge, available on the Court, as he deems fit. In either case, trial shall be expedited and endeavour shall be made to conclude the same within six months of the date of receipt of a copy of this order. The Principal Judge, Family Court, Ghaziabad shall cause the records of the case to be transmitted forthwith to the Principal Judge, Family Court, Agra.
Let this order be communicated to the Principal Judge, Family Court, Ghaziabad and the Principal Judge, Family Court, Agra by the Registrar (Compliance).
Order Date :- 21.11.2022 NSC