Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 415 of 2018 Applicant :- Shiva Mishra @ Mini Opposite Party :- Srey Mishra Counsel for Applicant :- Dhananjay Singh Counsel for Opposite Party :- Gaurav Tripathi,Anurag Vajpeyi,Syed Imran Ibrahim
Hon'ble Jayant Banerji,J.
Heard Shri Dhananjay Singh, learned counsel for the applicant and Shri Gaurav Tripathi, learned counsel appearing for the opposite party.
This application has been filed for transferring the Matrimonial Case No.711 of 2015 (Srey Mishra vs. Smt. Shiva Mishra @ Mini) under Section 13 of the Hindu Marriage Act pending in the court of Fast Track Court/Principal Judge, Family Court, Bareilly to Moradabad.
The contention of the learned counsel for the applicant is that the applicant is residing alongwith her three year old son and her old parents in Moradabad and four matrimonial cases are going on in Moradabad between the applicant and the opposite party. The distance between Moradabad and Bareilly is about 100 kms. and that there is no male person in the family to accompany to her from Moradabad to Bareilly. Learned counsel has relied upon a judgment of the Supreme Court in the case of Anjali Ashok Shadwani vs. Ashok Kishinchand Sadhwani reported in (2009) 16 SCC 188 in support of his contention that convenience of the wife should be looked into by the Court.
Countering the submissions made by the learned counsel for the applicant, Shri Gaurav Tripathi, learned counsel appearing for the opposite party has stated that the applicant has also a place of residence in Bareilly and by means of an order dated 5 September 2017 passed on an application moved by the applicant under Section 24 of the Hindu Marriage Act, she has been granted an amount of Rs.15,000/- being expenses for the suit and Rs.500/- for every day of her appearance in the court below. It has further been stated that as evinced from a letter that has been enclosed at page 31 of the counter affidavit, which is written by the Investigating Officer to the District Magistrate on the application filed by the applicant, just to put pressure on the opposite party, several applications are being filed by the applicant from time to time.
It is not in dispute that the applicant has a child of three years of age and it is also not disputed that there is no male member in her family to accompany to her from Moradabad to District Court at Bareily. It is also not denied that four cases are pending in Moradabad. In paragraph no.13 of the counter affidavit, it has been stated that the father of the applicant is retired government servant and he now lives in Bareilly. However, in paragraph 6 of the rejoinder affidavit, it has been stated that the electricity bill is of the house that is given on rent. It has also been stated that the son of the applicant has got admission in Nursery Class in Delhi Public School, Moradabad.
Considering the facts and circumstances of the case, this transfer application is allowed and the Matrimonial Case No.711 of 2015 (Shrey Mishra vs. Smt. Shiva Mishra @ Mini) under Section 13 of the Hindu Marriage Act pending in the court of Fast Track Court/Principal Judge, Family Court, Bareilly is transferred to the competent court at Moradabad.
Order Date :- 28.11.2019 SK Digitally signed by Justice Jayant Banerji Date: 2019.11.28 17:42:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad