Reserved
Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 241 of 2018 Applicant :- Shikha Gupta Opposite Party :- Rahul Gupta Counsel for Applicant :- Ashish Kumar Srivastava Counsel for Opposite Party :- Anoop Trivedi
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the applicant and Shri Anoop Trivedi for the contesting respondent.
The instant transfer application is by the wife seeking transfer of a divorce petition filed by the husband at Meerut to Ghaziabad.
The contention of counsel for the applicant is that the applicant is residing at Ghaziabad and her minor daughter is also studying there. The applicant has also initiated proceedings under Section 125 Cr.P.C. for maintenance, at Ghaziabad, while the husband has himself preferred a petition under Section 7 of the Guardians and Wards Act at Ghaziabad. It is therefore contended that the divorce petition is liable to be transferred to Ghaziabad in the light of the aforesaid facts and circumstances.
The contention of counsel for the opposite party is that there is no good ground for transfer of the divorce petition to Ghaziabad. The proceedings under Section 125 Cr.P.C. for maintenance are malafide and have been filed only to create a ground for filing this transfer application. These proceedings are malafide also because the husband is already paying maintenance, awarded under Section 24 of the Hindu Marriage Act and, therefore, the maintenance case under Section 125 Cr.P.C. is liable to be rejected, as not maintainable.
It is next submitted that the relatives of the applicant are employed in the Civil Court, Ghaziabad and that there exists a threat perception as regards the personal safety of the opposite party while attending the proceedings at Ghaziabad. For these reasons also, the transfer application is liable to be rejected.
I have considered the submissions made by counsel for the parties and perused the record.
The submission of counsel for the opposite party that the proceedings under Section 125 Cr.P.C. are malafide and that they cannot proceed since interim maintenance under Section 24 of the Hindu Marriage Act has already been awarded and is being paid to the applicant, is wholly without substance as both these proceedings can be maintained simultaneously.
Besides, in my considered opinion, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned.
The allegation of a threat perception existing in so far as the respondent is concerned is absolutely vague and without any specifics. In the counter affidavit, it has not been stated as to who are the relatives of the applicant employed in the Civil Court and on what basis in the absence of any specifics as also any other allegation of undue influence, even this defence of the opposite party is not liable to be accepted.
Moreover, despite the alleged threat perception, the applicant has instituted proceedings under Section 7 of the Guardians and Wards Act at Ghaziabad and has not filed any transfer application seeking transfer of this case outside Ghaziabad on account of such threat perception.
The contentions on behalf of the respondent therefore, lack force.
In view of the foregoing discussion, this transfer application is liable to be and is hereby allowed.
Case No. 619 of 2017 (Rahul Gupta Vs. Shikha Gupta), pending before the Additional Principal Judge Family Court, Meerut shall stand transferred to District Ghaziabad, forthwith.
Order Date :- 30.07.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.30 15:24:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad