Court No. - 1
Case :- TRANSFER APPLICATION (CIVIL) No. - 333 of 2021 Applicant :- Smt. Garima Shukla Opposite Party :- Sri. Prashant Tiwari Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- Padmakar Rai,Sanjay Kumar Dubey
Hon'ble J.J. Munir,J.
This transfer application has been filed praying for transfer of Petition No. 90 of 2021, Prashant Tiwari vs. Smt. Garima Shukla from the Principal Judge, Family Court, Fatehpur to the Court of competent jurisdiction at Allahabad Judgeship.
Heard learned counsel for the applicant and Mr. Sanjay Kumar Dubey, learned counsel appearing on behalf of the sole opposite party.
It is urged by the learned counsel for the applicant that the following cases are pending inter partes before the Courts at Allahabad:
1. Case No. 2720 of 2020, Smt. Garima Shukla vs. Prashant Tiwari and three others.
2. Complaint Case No. 174 of 2020, Smt. Garima Shukla vs. Prashant Tiwari and three others.
It is urged that in the circumstances, the opposite party has in any case to appear before the Courts at Prayagraj to defend himself in the two matters, above detailed. Therefore, if proceedings of the case sought to be transferred are moved from Fatehpur to Prayagraj, the opposite party will not be put to any prejudice. Rather, it will be convenient to both parties that all the three cases may be venued at the same station. Once that happens, it will be open to both parties to request the courts concerned to fix a uniform date in all the causes.
By contrast, opposite party, who is staying with her widowed mother at Prayagraj, finds it very difficult to travel from Prayagraj to Fatehpur to attend the dates scheduled in the case sought to be transferred there. The applicant has no means of livelihood and it is almost impossible for her to fund her onward and return journeys from Prayagraj to Fatehpur on the multiple dates that would be fixed in the cause at Fatehpur, the number of which cannot be predicted.
Mr. Sanjay Kumar Dubey, learned counsel appearing for the opposite party has no objection if this application is allowed and the proceedings of the case are transferred from Fatehpur to Prayagraj.
Considering the fact that two cases are already pending at Prayagraj and the present case at Fatehpur, this Court is of opinion that it would be in the best interest of both parties, if all the three cases are venued at the same station. The applicant is an unemployed woman and stays with her widowed mother. Apparently, it is difficult for her to undertake the journey on the unpredictable number of dates that would be fixed in the cause at Fatehpur. It would be more convenient that all the three cases are venued at Prayagraj, where the parties can request the Court to fix a single date. At the same time, the opposite party is an able-bodied man in government service and serves as a Wireless Operator in Border Security Force. He is said to be currently posted at Bahraich. Therefore, the opposite party would not face any hardship in attending or defending or prosecuting the proceedings at Prayagraj.
In the result, this application succeeds and is allowed.
Petition No. 90 of 2021, Prashant Tiwari vs. Smt. Garima Shukla, under Section 9 of the Hindu Marriage Act is transferred from the Principal Judge, Family Court, Fatehpur to the Principal Judge, Family Court, Allahabad. The Principal Judge, Family Court, Allahabad shall proceed to try and determine the petition himself or make over the same for trial to any Additional Judge part of the Family Court Establishment at Allahabad. The Trial Judge, whoever it might be, shall endeavour to try the case and conclude the proceedings as far as possible within a period of six months from the date of receipt of records and the parties first appearing before the Court.
Let this order be communicated to the Principal Judge, Family Court, Fatehpur and the Principal Judge, Family Court, Allahabad by the Registrar (Compliance).
Order Date :- 7.10.2021 Brijesh Maurya (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.