Court No. - 43
Case :- TRANSFER APPLICATION (CIVIL) No. - 40 of 2020 Applicant :- Smt. Farheen Kausar Opposite Party :- Mohammad Malik Counsel for Applicant :- Awadh Sharma,Arvind Kumar Pandey Counsel for Opposite Party :- Naveen Kumar Yadav,Abhishek Tripathi,N.K.Yadav Hon'ble Vivek Varma,J.
Heard learned counsel for the parties.
This transfer application has been filed by the wife-applicant seeking transfer of Case No.627 of 2019 (Mohammad Malik Khan vs. Farhin Kausar) filed by the husband-opposite party, pending before Principal Judge, Family Court, Fatehpur to the competent Court at District Mahoba.
Learned counsel for the applicant submitted that the applicant has no independent source of income. The applicant is not getting any maintenance from the opposite party and it is not possible for her to travel from District Mahoba to District Fatehpur to contest the proceedings instituted by the opposite party. It is further contended that the applicant has instituted following cases at District Mahoba: (i) case No. 264 of 2019, under Sections498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Chakhari, District Mahoba; (ii) application under Section 125 Cr.P.C. for maintenance registered as Case No. 294 of 2019. The transfer of the case is being sought on the ground of convenience as well as pendency of other cases at District Mahoba.
In the counter affidavit, pendency of cases instituted by applicant has not been disputed. However, counsel for the opposite party submitted that the opposite party will have no objection if the case is transferred to District Mahoba provided the case is directed to be decided within a specified time framed.
The husband/opposite party has filed a petition against the wife at Fatehpur. It is the wife's convenience that, therefore, must be worked at. The circumstances indicated alone are sufficient to allow the instant transfer application.
Accordingly, I allow the transfer application and direct that the Case No.627 of 2019 (Mohammad Malik Khan vs. Farhin Kausar) filed by the husband-opposite party, pending before Principal Judge, Family Court, Fatehpur shall stand transferred to the competent Court at District Mahoba forthwith with the stipulation that the applicant shall file a written statement in the divorce petition positively within a period of two weeks from the date, the file is received by the transferee Court, consequent to this order.
The transferee Court shall thereafter make endeavour to conclude the proceedings of Case No.627 of 2019 (Mohammad Malik Khan vs. Farhin Kausar) expeditiously, preferably within a period of six months from the date, written statement is filed by the applicant.
Order Date :- 22.9.2021 S.S.
Digitally signed by VIVEK VARMA Date: 2021.09.23 17:43:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad