Allahabad High Court
Namita Chaudhary vs Haresh Solanki on 14 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- TRANSFER APPLICATION (CIVIL) No. - 109 of 2023 Applicant :- Namita Chaudhary Opposite Party :- Haresh Solanki Counsel for Applicant :- Chandra Prakash Srivastava,Rajendra Kumar Srivastava Hon'ble J.J. Munir,J.
This is a transfer application, seeking transfer of M.P. No. 1182 of 2020 (New No. 491 of 2022), Haresh Solanki v. Smt. Namita Chaudhary, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 from the Principal Judge, Family Court, Aligarh to the Family Court at Amroha.
The ground for transfer urged is that the applicant is posted as Executive Officer, Nagar Panchayat, Zoya, District Amroha and also holds charge of Nagar Panchayat, Naugawa, Sadat, Amroha. The applicant alleges that being an Executive Officer in charge of two Nagar Panchayats, it is difficult for her to attend proceedings at Amroha.
Upon hearing learned Counsel for the applicant in support of this application, this Court finds that the applicant had earlier moved Transfer Application (Civil) No. 165 of 2021, seeking transfer of present proceedings from the Principal Judge, Family Court, Mathura to the Principal Judge, Family Court, Aligarh. The application was allowed vide order dated 24.02.2022 passed by this Court, directing transfer of the case from the Principal Judge, Family Court, Mathura to the Principal Judge, Family Court, Aligarh. The ground at that time, that was urged, was that Aligarh is the applicant's native town and citing the wife's convenience in matters of venue, transfer was sought, which was granted. Now that the applicant has been posted to a different station as Executive Officer with charge of two Nagar Panchayats, she says that she is finding it difficult to defend at Amroha.
The proceedings were transferred on the asking of the applicant and it is not that the transfer was made on a prayer by the other side, or someone else. In the considered opinion of this Court, the applicant, who is an officer of the government, is not entitled to ask for transfer, particularly on a repeated basis, to seek convenience of her posting. That is not a ground for the wife to ask for a transfer.
In the result, this application fails and stands rejected.
Order Date :- 14.2.2023 I. Batabyal