Court No. - 1
Case :- TRANSFER APPLICATION (CIVIL) No. - 303 of 2021 Applicant :- Smt. Vijay Laxmi Singh Opposite Party :- Bawlant Singh Counsel for Applicant :- Kshitij Shailendra,Akanksha Mishra,Pawan Kumar Singh Kaushik
Hon'ble J.J. Munir,J.
This application under Section 24 C.P.C. has been made by Smt. Vijay Laxmi Singh seeking transfer of Marriage Petition/Case No. 342 of 2019, Balwant vs. Vijay Laxmi, under Section 13(1) of Hindu Marriage Act, 1955 from the Principal Judge, Family Court, Gorakhpur to the Principal Judge, Family Court, Deoria.
Marriage between parties was solemnized on 10.12.2009 at Gorakhpur according to Hindu rites. There are allegations of dowry demand and cruelty by the wife, in connection with that demand. It is not for this Court to look into those allegations in the present proceedings. However, the outcome of whatever transpired between the man and wife or their respective families is that the parties have turned as an estranged couple. There is an averment in paragraph no. 8 of the affidavit, filed in support of the application that the opposite party has married a second time without securing a divorce.
It is submitted that the applicant stays with her parents at Deoria. There are two cases already pending at Deoria inter partes; one being under Section 12 of the Domestic Violence Act and the other under Section 125 of the Code of Criminal Procedure. It is urged by the learned counsel for the applicant that in case the proceedings, sought to be transferred, are moved from Gorakhpur to Deoria, the opposite party shall not suffer any hardship, as he has to appear before the Court at Deoria, in any case, to defend the two cases already pending there. It is also pointed out by the learned counsel for the applicant that she is a woman with no education and is unacquainted with the ways of the world. She cannot fend for herself.
By contrast, the opposite party is a contractor, who undertakes different kinds of civil and other contracts by tendering for them. He is a wealthy man and quite effective in matters of worldly affairs. It is emphasized that the applicant is dependent upon the male members of her family, to travel from Deoria to Gorakhpur, owing to her illiteracy and lack of acumen in the affairs of the worlds. She has to depend on an escort each time, who may be there or not on the dates that she is required to attend at Gorakhpur. The applicant's father is an elderly man and suffers from age related ailments, details of which have been mentioned in paragraph no. 20 of the affidavit. Her brothers, on the other hand, are engaged in their work and it is not possible for them to volunteer and travel with the applicant to Gorakhpur on each date fixed. She also suffers from lack of financial resources to fund her onward and return journey to attend the cause at Gorakhpur. It is also pointed out that the distance between the Gorakhpur and the Deoria is 52 kms, which is a substantial distance to be covered for a woman like the applicant on the unpredictable number of dates that would be fixed in the cause. Since no one has put in appearance on behalf of the opposite party nor appeared today nor filed a counter affidavit, the allegations in the application and the affidavit must be taken as unrebutted.
It is true that the parties after the estrangement are living separately and the wife, that is to say the applicant, is domiciled at Deoria with her parents. In case proceedings continue at Gorakhpur, it would involve regular travel to and fro from Gorakhpur. This would involve both expenditure, exertion and resources. The applicant appears to have none of them. She is apparently an illiterate woman, unacquainted with the ways of the world. She needs an escort to accompany her on each date that is fixed before the Court at Gorakhpur. Her father is an elderly person and may not be in a position to act as her escort. Her brothers are engaged in their business, trade or other work and would have little time to spare for the sister.
In matters of transfer of causes matrimonial, convenience of the wife is a very relevant consideration as held by the Supreme Court in the cases of Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatima vs. Jafri Syed Husain (Parvez), AIR 2009 SC 1773.
Here, the convenience of the wife certainly lies if all the proceedings are venued at Deoria. There is still another vantage for which the matter can be considered. Two cases instituted by the wife, one under the Domestic Violence Act and the other seeking maintenance under Section 125 Cr.P.C. are already pending at Deoria, which the husband has to contest. In any case he has to appear at Deoria. If the opposite party has to appear at Deoria in connection with two causes, it would least inconvenience him if the present proceedings are also moved from Gorakhpur to Deoria. Once all the proceedings are located at one venue, both parties can request the Courts at Deoria to fix a uniform date in all matters. This would be to the advantage of all parties. Again, it cannot be lost sight of that the husband is an able-bodied man possessed of the necessary financial wherewithal to enable him to undertake prosecution or defence of the case at Deoria without much difficulty. At least, the difficulty that the wife could face, if she is forced to go from Deoria to Gorakhpur on each date, would be far greater than that the husband would face in coming over to Deoria, which in any case he has to, in connection with the two pending causes.
In the circumstances, a case for transfer is made out. This application succeeds and is allowed.
The proceedings of Marriage Petition No. 342 of 2019 are withdrawn from the Principal Judge Family Court, Gorakhpur and transferred to the Principal Judge, Family Court, Deoria, who will proceed to try and decide the petition himself or make it over to the Additional Principal Judge available on the on the Establishment of the Family Court at Deoria. The Trial Judge concerned shall endeavour to try and decide the petition within a period of six months from the date that he receives the records of the case and the parties appear before him.
There shall be no order as to costs.
Let this order be communicated to the Principal Judge Family Court, Gorakhpur and the Principal Judge, Family Court, Deoria by the Registrar (compliance).
Order Date :- 6.10.2021 Brijesh Maurya (J.J. Munir, J.) Note: Since my digital signature has expired and its renewal will take some time, the print out of the order has been taken and has been manually signed by us. This copy be uploaded with the stipulation as and when the digital signature is renewed or a fresh digital signature is obtained, the digital signature copy be uploaded after deleting the scanned copy.