Case is called out in the revised list. Heard learned counsels for parties.
Present transfer application is filed by applicant-wife for transfer of Regular Suit No.485 of 2017; Shobhit Kumar Patel Vs. Smt. Preeti Verma, filed under Section 13 of Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Raebareli to the Court of Principal Judge, Family Court, Sultanpur.
Submission of learned counsel for applicant is that applicant has filed a suit for maintenance under Section 125 of Cr.P.C. which is pending before the Principal Judge, Family Court, Sultanpur. Further she has also odged an FIR against the opposite party and his family members which is registered as Case Crime No.01 of 2018, under Section 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act. The applicant has filed another case under Section 12 of Protection of Women from Domestic Violence Act, which is pending before the court of A.C.J.M., Court No.22, Sultanpur. Learned counsel for the applicant submits that the suit has been filed by respondent-husband only to harass the applicant and for no other purpose. He further submits that the wife is facing grave difficulty in attending court in a far away district which have been enumerated in the transfer application.
Only objection taken in the counter affidavit by opposite party is that he is handicapped and shortfall in normal hearing.
That is not a good enough ground as opposite party can take help of hearing aid. This problem is not such which would cause any difficulty to the opposite party in going and contesting the case at Sultanpur.
Looking in to the aforesaid facts and circumstances of the case as well as law settled by the following judgments-Sumita Singh Vs. Kumar Sanjay and another, 2001 (10) SCC 41, Leena Mukherjee Vs. Rabi Shankar Mukherjee, 2002 (10) SCC 480 and Smt. Kuhu Banerjee Vs. Sanjeev Rai Chaudhary and another, 2009 (27) LCD 1162 and as several other cases of applicant are already pending before the Court of at Sultanpur, hence, the present transfer application is allowed and Regular Suit No.485 of 2017; Shobhit Kumar Patel Vs. Smt. Preeti Verma, filed under Section 13 of Hindu Marriage Act, which is pending before the Court of Principal Judge, Family Court, Raebareli is transferred to the Court of Principal Judge, Family Court, Sultanpur.
The court below shall ensure compliance of this order and transfer the record by 26.08.2019. Parties shall appear before the Principal Judge, Family Court, Sultanpur on 28.08.2019. Principal Judge, Family Court, Sultanpur shall make an endeavour to club all the cases pending between the parties and decide the same expeditiously without giving any unnecessary adjournment to either of the parties.
With the aforesaid, present transfer application is allowed.
Order Date :- 31.7.2019 Arti/-