Court No. - 43
Case :- TRANSFER APPLICATION (CIVIL) No. - 350 of 2020 Applicant :- Smt. Megha Sharma @ Smt. Megha Tyagi Opposite Party :- Varun Tyagi Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- Sumit Daga,Amit Daga
Hon'ble Vivek Varma,J.
In re: Civil Misc. Restoration Application No. 2 of 2021 Heard Sri Prabhav Srivastava, learned counsel for the applicant and Sri Sumit Daga, learned counsel for the opposite party.
This is an application for recall of the order dated 27.08.2021, whereby the transfer application was dismissed for non prosecution. It is supported with an affidavit.
Sri Sumit Daga, learned counsel for the opposite party has no objection, if the restoration application is allowed and the matter may be heard and decided finally.
The cause shown in the affidavit for non-appearance of learned counsel for the applicant on 27.08.2021 is found sufficient. This restoration application is allowed. The order dated 27.08.2021 is recalled. The transfer application is restored to its original number.
Order on the Transfer Application:
Heard Sri Prabhav Srivastava, learned counsel for the applicant and Sri Sumit Daga, learned counsel for the opposite party.
The applicant-wife seeks transfer of Divorce Petition No. 281 of 2020 (Varun Tyagi Vs. Smt. Megha Sharma), instituted by the opposite party, under Section 13A of the Hindu Marriage Act, 1955, pending in the Court of the Principal Judge, Family Court Bijnor to the competent Court at district Ghaziabad.
It is contended that the applicant being lady, it is not possible for her to contest the proceedings instituted by the opposite party at Bijnor, which is about 124 Kms away from the district Ghaziabad. It is further contended that the applicant has filed the following cases at Ghaziabad: (i) the complaint case under Section 12 of the Protection of Women from Domestic Violence Act, 2005, registered as Case No. 701 of 2020 against the opposite party; (ii) petition under Section 6 of Hindu Minority and Guardianship Act, 1956 and Section 7 and 25 of the Guardians and Wards Act, 1890 for the custody of minor son namely Abeer, registered as Guardianship Petition No. 56 of 2020. The transfer is being sought on the ground of convenience as well as pendency of other cases at Ghaziabad.
Sri Sumit Daga, who appears for the opposite party submits that the applicant will have no inconvenience in travelling to district Bijnor. He further submits that he has no objection, in case the above case is transferred to Ghaziabad, provided a direction is issued for disposal of the aforesaid case in a time bound manner.
The husband/opposite party has filed a petition against the wife at Bijnor. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer application absolute.
Accordingly, I allow the transfer application and direct that the Divorce Petition No. 281 of 2020 (Varun Tyagi Vs. Smt. Megha Sharma), instituted by the opposite party, under Section 13A of the Hindu Marriage Act, 1955, pending in the Court of the Principal Judge, Family Court Bijnor shall stand transferred to the competent Court at District Ghaziabad forthwith with the stipulation that the applicant shall file a written statement in the said 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 decide the Divorce Petition No. 281 of 2020 (Varun Tyagi Vs. Smt. Megha Sharma) expeditiously, preferably within a period of six months from the date, written statement is filed by the applicant.
Order Date :- 7.10.2021 Lbm/-
Digitally signed by VIVEK VARMA Date: 2021.10.08 16:05:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad