Court No. - 43
Case :- TRANSFER APPLICATION (CIVIL) No. - 622 of 2019 Applicant :- Smt. Sunita Rai Opposite Party :- Vivek Rai Counsel for Applicant :- Gyanendra Prasad Mahant,Akhilesh Kumar
Hon'ble Vivek Varma,J.
By order dated 14.09.2021 service of notice on the opposite party was deemed sufficient. Despite notice, no one has appeared nor any counter affidavit has been filed on behalf of the opposite party.
The present application has been filed by the applicant-wife seeking transfer of Matrimonial (Divorce) Case No. 1072 of 2019 (Vivek Rai v. Smt. Sunita Rai) instituted by the opposite party under Section 13 of the Hindu Marriage Act, pending in the Court of the Principal Judge, Family Court, Prayagraj to the competent court at district Ghazipur.
It is contended that the applicant has no independent source of income and since the husband is not even paying any maintenance, she is entitled to have the aforesaid petition transferred to the Family Court at district Ghazipur. It is also contended that it is not possible for the applicant to travel alone from district Ghazipur to district Prayagraj, which is about 250 Kms. away, to contest the proceedings instituted by the opposite party. It is also asserted that the applicant has instituted the following cases against the opposite party at district Ghazipur, namely, (i) proceedings under Section 18 of the Hindu Adoption and Maintenance Act, 1956, registered as Case No. 54 of 2017; and (ii) proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The transfer is being sought on the ground of convenience and pendency of the cases at district Ghazipur.
These material allegations made in the affidavit filed in support of the transfer application stand unrebutted in absence of any counter affidavit. The same are, therefore, necessarily to be accepted as correct.
It is husband's petition against the wife. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to allow the transfer application.
Accordingly, the transfer application is allowed and Matrimonial (Divorce) Case No. 1072 of 2019 (Vivek Rai v. Smt. Sunita Rai) instituted by the opposite party under Section 13 of the Hindu Marriage Act, pending in the Court of the Principal Judge, Family Court, Prayagraj is transferred to the competent court at district Ghazipur with the stipulation that the written statement shall be filed by the applicant within a period of two weeks from the date the file is received by the transferee court. The transferee court shall thereafter make endeavour to decide the case expeditiously, preferably within a period of six months from the date the written statement is filed by the applicant.
Order Date :- 23.9.2021 SKT/-
Digitally signed by VIVEK VARMA Date: 2021.09.23 16:13:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad