Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 155 of 2019 Applicant :- Nimisha Nigam Chandra Opposite Party :- Ashish Chandra Counsel for Applicant :- Girish Kumar Gupta,Prashant Mani Pandey Counsel for Opposite Party :- Amitabh Agarwal
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicant and Shri Amitabh Agarwal, learned counsel for the opposite party.
This transfer application has been filed for transferring the Marriage Petition No. 586 of 2017 (Ashish Chandra Vs. Nimisha Nigam Chandra) under Section 13 of the Hindu Marriage Act from the Court of Principal Judge, Family Court, Allahabad to District Kanpur Nagar.
The contention of the learned counsel for the applicant is that the son of the applicant is suffering from serious ailment and he is undergoing treatment in A.I.I.M.S., New Delhi and requires help all the time. It is further stated that the applicant being lady is unable to pursue the marriage petition without an attendant. It is further stated that the distance from Allahabad to Kanpur Nagar is more than 200 kilometres and therefore the case be transferred to Kanpur Nagar.
In the counter affidavit filed by the opposite party, it has been stated that the opposite party had no knowledge of the present ailment of his son who was born on 13.7.2012 and he was trying to enquire about his ill health of his but no information was forthcoming. It is stated that the respondent was working at Hyderabad from where he was transferred to Chennai and the respondent was used to commute freely to and fro. It has been further stated that initially on coming to know of the ailment of the son of the parties, various medical advices were obtained and treatment given but the applicant returned to Kanpur without informing the opposite party. It has been further stated that the father of the applicant is working in the banking sector and he is associated and connected with various trade unions and if the matter is transferred to District Kanpur, he will not get justice.
Considering the admitted fact of the ailment of the son of the applicant and the fact that he requires constant attention, it would be to the convenience of the applicant if the case is transferred to the Kanpur Nagar. Further, the allegation that because the father of the applicant is connected to various trade union organizations, the opposite party would not get justice in Kanpur is vague and unsubstantiated.
Considering the facts and circumstances, this application is allowed and the aforesaid Marriage Petition No. 586 of 2017 (Ashish Chandra Vs. Nimisha Nigam Chandra) under Section 13 of the Hindu Marriage Act from the Court of Principal Judge, Family Court, Allahabad is transferred to District Kanpur Nagar.
Order Date :- 28.11.2019 A. V. Singh Digitally signed by Justice Jayant Banerji Date: 2019.11.28 17:39:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad