Court No. - 1
Case :- TRANSFER APPLICATION (CIVIL) No. - 290 of 2021 Applicant :- Charu Paliwal Opposite Party :- Saurabh Paliwal Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla
Hon'ble J.J. Munir,J.
1. This transfer application has been moved on behalf of Smt. Charu Paliwal, seeking transfer of Case no.616 of 2018 as well as Execution Case no.1 of 2021, Saurabh Paliwal vs. Charu Paliwal from the Principal Judge, Family Court, Farrukhabad to the Principal Judge, Family Court, Aligarh.
2. Heard Mr. Devesh Kumar Shukla, learned Counsel for the applicant and Mr. Lavkush Kumar Bhatt, learned Counsel appearing on behalf of the opposite party.
3. The parties were married according to Hindu rites on 28.11.2012. There is a flourish of allegations by the wife against her in-laws about dowry demand etc., but that is no concern of this Court in the present proceedings. What is relevant is that parties, in consequence of whatever transpired between the husband and wife, has led them to estrangement. There is litigation pending between the spouses. A complaint case against the opposite party has been instituted by the applicant being Complaint Case no.214 of 2017, under Sections 498A, 323 IPC and Section 3/4 of the Dowry Prohibition Act, P.S. Mahila Thana, District Aligarh, which is pending before the Magistrate at Aligarh. Likewise, another application under Section 125 Cr.P.C. has been instituted by the applicant, claiming maintenance. There is still another case arising out of an application, under Section 12 of the Domestic Violence Act, instituted by the wife. All the three cases brought by the wife are pending before the Courts at Aligarh.
4. The submission of Mr. Devesh Kumar Shukla, learned Counsel for the applicant is that is that it is expedient to move the proceedings of the petition brought by the husband from Farrukhabad to Aligarh, inasmuch as all the four cases can be conveniently heard at Farrukhabad. It is also emphasized by the learned Counsel for the applicant that she has no independent source of livelihood. Her father is an old man, aged about 69 years and it is well-nigh impossible for her to travel on each date from Aligarh to Farrukhabad and defend the cause there.
5. Mr. Lavkush Kumar Bhatt, learned Counsel for the opposite party has refuted the aforesaid contentions and submits that the wife is quite capable of defending proceedings at Farrukhabad. He submits that if she appears before the Court at Farrukhabad, there is brighter chance of a re-conciliation as she would not then be under the influence of her kinsmen, who are feeding her ears with ill- advice, detrimental to the parties matrimonial bond.
6. I have considered the rival submissions made on behalf of both sides by the learned Counsel.
7. It is true that three cases are already pending at Aligarh and in the event the solitary case brought by the husband at Farrukhabad is moved over to Aligarh, it would not prejudice the opposite party in any manner. This is so because the opposite party has to appear in any event to defend himself in the three cases, already pending inter partes at Aligarh. Once the present proceedings are transferred from Farrukhabad to Aligarh, both parties can request the Courts concerned to fix a single date, according to the Courts' Calendar and the convenience of parties. In this connection, reference may be made to the decision of the Supreme Court in Bhartiben Ravibhai Rav v. Ravibhai Govindbhai Rav, (2017) 6 SCC 785, where it has been held:
“4. Apart from the divorce petition, there are other proceedings pending between the parties which have been filed by the petitioner wife at Dungarpur, Rajasthan viz. (i) FIR under Sections 498-A and 406 IPC and under Section 4 of the Dowry Prohibition Act; (ii) petition under Section 125 CrPC before the Family Court, Dungarpur, Rajasthan, and (iii) petition under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 pending before the Chief Judicial Magistrate, Dungarpur, Rajasthan. It is stated that the respondent husband is already appearing in Dungarpur Court, Rajasthan in connection with the aforesaid cases instituted by the petitioner wife and that it may not be difficult for the respondent husband to pursue the divorce petition in Dungarpur Court, Rajasthan. Considering the facts and circumstances of the case, we feel that the petition could be transferred to Dungarpur, Rajasthan.”
8. Quite apart from the aforesaid facts, circumstances of the wife cannot be lost sight of. She has an old father at home, who can hardly act as her escort on every date to travel from Aligarh to Farrukhabad and back, safely with the parties' child. On the other hand, the husband appears to be an able-bodied man, who can conveniently defend proceedings at Aligarh. As already remarked hereinbefore, the husband, in any case, has to appear before the Court at Aligarh to defend himself in the other causes. In the circumstances, a case for transfer of these proceedings is made out.
9. This application succeeds and is allowed. Proceedings of Case no.616 of 2018, Saurabh Paliwal vs. Charu Paliwal, under Section 9 of the Hindu Marriage Act and Execution Case no.1 of 2021, Saurabh Paliwal vs. Charu Paliwal are recalled from the file of the Principal Judge, Family Court, Farrukhabad and transferred to the Principal Judge, Family Court, Aligarh. The Principal Judge, Family Court, Aligarh shall proceed to hear and determine the aforesaid cases himself or make them over to an Additional Principal Judge, available on the Family Court at Aligarh. The Trial Judge shall endeavour to dispose of these matters expeditiously, as far as possible, within six months from the date of receipt of records of two cases by the transferee Court.
10. Let a copy of this order be communicated to the Principal Judge, Family Court, Farrukhabad and the Principal Judge, Family Court, Aligarh for strict compliance by the Registrar (Compliance).
Order Date :- 22.9.2021 Brijesh Maurya/ Anoop (J.J. Munir, J.) Note: Since my digital signature has expired and its renewal will take some time, the print out of the order has been taken and has been manually signed by us. This copy be uploaded with the stipulation as and when the digital signature is renewed or a fresh digital signature is obtained, the digital signature copy be uploaded after deleting the scanned copy.