Case is called out in the revised list. Heard learned counsels for parties.
Present transfer application is filed by applicant-wife for transfer of Case No.135 of 2016; 'Omkar Verma Vs. Smt. Preeti Devi, filed under Section 9 of Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Sitapur to the Court of Principal Judge, Family Court Deoria.
Submission of learned counsel for applicant is that applicant has filed Case No.785 of 2015 under Section 12(1)(c) of Hindu Marriage Act, which is pending before the Principal Judge, Family Court, Deoria. Learned counsel for the applicant submits that the Case No.135 of 2016 has been filed by respondent-husband at district Sitapur only to harass the applicant and for no other purpose. He further submits that the wife is facing grave difficulty in attending court in a far away district which have been enumerated in the transfer application.
Learned counsel for opposite party has relied upon the school certificate which shows that the applicant had taken her education from district Sitapur. He has also filed documentary record of the voter list of the parents of applicant which shows that the parents of the applicant are residing at Sitapur. Learned counsel for opposite party strongly relied upon the certificate given by the gram pradhan namely Sri Rizwan of Village Semri Chauraha, Mazra Semri, Post Samardaha, Tehsil Mahmoodabad, District- Sitapur dated 03.07.2018 which shows that family of Sri Indra Dev (father of applicant) along with his family is living in the said village at Sitapur for last more than 20 years. On the basis of the aforesaid documents, it is strongly argued by counsel for opposite party that applicant is living at Sitapur and only to harass the opposite party she has filed the Case No.785 of 2015 at district Deoria.
Learned counsel for applicant has drawn attention to annexure RA-1 to the rejoinder affidavit and submits that the said certificate dated 31.07.2018 was given by the same village pradhan who has certified that applicant along with her grand-parents is living at district Deoria and is not living in her fathers' village at district Sitapur. Learned counsel for applicant further submits that applicant has also filed her Aadhar Card which shows her residence to be at Deoria. In view thereof, merely because applicant's parents are living at district Sitapur, it cannot be presumed that the applicant is also living at Sitapur.
Looking in to the facts and circumstances of the case as well as law settled by the following judgments-Sumita Singh Vs. Kumar Sanjay and another, 2001 (10) SCC 41, Leena Mukherjee Vs. Rabi Shankar Mukherjee, 2002 (10) SCC 480 and Smt. Kuhu Banerjee Vs. Sanjeev Rai Chaudhary and another, 2009 (27) LCD 1162 and as one case of applicant is already pending before the court of Principal Judge, Family Court, Deoria hence, the present transfer application is allowed and Case No. 135 of 2016; 'Omkar Verma Vs. Smt. Preeti Devi', under Section 9 of Hindu Marriage Act, which is pending before the Court of Principal Judge, Family Court, Sitapur is transferred to the Court of Principal Judge, Family Court, Deoria.
The court below shall ensure compliance of this order within a period of four weeks from the date a certified copy of this order is placed before it and transfer the record by 24.09.2019. Parties shall appear before the Principal Judge, Family Court, Deoria on 30.09.2019.
With the aforesaid, present transfer application is allowed.
Order Date :- 29.8.2019 Arti/-