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Showing contexts for: divorce case in Smt. Dipti Saxena vs Ashish Srivastav And Another on 14 December, 2020Matching Fragments
3. In the above context, it has been submitted that no maintenance allowance is being paid to her by the respondent husband at present and, she is wholly dependent on her aged father both for her day to day expenses and also to litigate with the respondent, her husband. As such she is not in a position to afford her travel, stay and litigation expenses, if she has to travel to Gautam Budh Nagar on every date in the divorce case proceeding. As to the participation in the proceeding, it has been submitted that the respondent husband is not participating in the three proceedings instituted by her at Shahjahanpur.
4. On her part, despite no financial support offered by the respondent, the applicant had appeared in the divorce proceeding at Gautam Budh Nagar, on 18.07.2019 whereupon, she prayed for time to file her written statement. That time was granted. However, on the next date 23.09.2019 itself, the matter was directed to proceed ex parte against her though the applicant could not appear on that date, for unforeseen circumstances. It is thus submitted that the applicant is unable to contest the divorce case proceeding at Gautam Budh Nagar, on equal terms, with the respondent her husband, as she is staying with her father at Shahjahanpur - a place more than 300 kilometers from Gautam Budh Nagar.
18. Though transfer of a case may not follow as an automatic/default consequence to the above enquiry made by the Court, yet, it would be for the husband who may be opposed to the transfer to establish why such transfer may not be made, in that case.
19. Coming to the facts of the present case, the Court finds that the applicant who is a estranged wife, is seeking transfer of the divorce case proceedings from Gautam Budh Nagar to Shahjahanpur. She has pleaded that she is wholly dependent on her father for her day-to-day survival. She has further established that she has claimed maintenance from the respondent-husband but no amount is being paid to her. No material has been brought on record to doubt that status of the applicant.
23. Thus, it appears that the solitary case pending at Gautam Budh Nagar in the divorce proceeding be transferred to the competent court at Shahjahanpur so that all four cases arising from the matrimonial discord between the parties may be dealt with at Shahjahanpur, such that the Court/s concerned may fix appropriate dates to reduce inconvenience to the parties, to the extent possible and also ensure expeditious and fair resolution of the disputes between the parties.
24. In view of the aforesaid observations, the transfer application is allowed. Let the proceeding in Divorce Case No.339 of 2019 (Ashish Srivastava Vs. Smt. Dipti Saxena) pending before the Principal Judge, Family Court, Gautam Budh Nagar be transferred from Principal Judge, Family Court, Gautam Budh Nagar to the court of Principal Judge, Family Court, at Shahjahanpur for it's disposal in accordance with law.