Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 234 of 2019 Applicant :- Laxmi Yadav Opposite Party :- Lal Singh Yadav Counsel for Applicant :- S.B.Singh,S.K. Singh Vashisht Counsel for Opposite Party :- Padmaker Pandey,Sunil Kumar Srivastava
Hon'ble Jayant Banerji,J.
Heard Shri S.K. Singh Vashisht, learned counsel for the applicant.
Shri Deepanshu Srivastava, learned counsel holding brief of Shri Padmaker Pandey, learned counsel for the opposite party is present, who requests for a short adjournment to enable him to file a counter affidavit. However, in view of the previous order passed by this Court on 20.11.2019 and the fact that the case is listed peremptorily today, the request for adjournment is declined.
This transfer application has been filed to transfer the Suit No. 658 of 2018 (Lal Singh Yadav Vs. Laxmi Yadav) filed under Section 13 of the Hindu Marriage Act from the Court of Principal Judge, Family Court, Kanpur Dehat to the competent court at District Allahabad.
It is stated in paragraph 9 of the affidavit that the opposite party has not paid any maintenance to her due to which she has filed an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Allahabad which is pending. Further an FIR has been lodged by the applicant against the opposite party and his family members. It is further stated that another case under Section 12 of the Domestic Violence Act is also pending at Allahabad. It has been stated that to attend the proceedings in Family Court, the applicant has to first travel to Kanpur Nagar and from there to Kanpur Dehat (Mati), where the civil court exists. The applicant has to spend around Rs. 1,000/- on every day she visits Kanpur Dehat and travelling 270 kilometres by different means is very tedious for her.
In view of the aforesaid, the application for transfer filed by the applicant, who is the wife of the opposite party deserves to be allowed on the ground of her convenience as well as the pendency of other cases in Allahabad.
This application is accordingly allowed and the aforesaid Suit No. 658 of 2018 (Lal Singh Yadav Vs. Laxmi Yadav) under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Kanpur Dehat is transferred to District Allahabad.
Order Date :- 27.11.2019 A. V. Singh Digitally signed by Justice Jayant Banerji Date: 2019.11.27 16:57:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad