Smt Poonam v. Shri Gaurav Yadav
Case at a glance
Outcome
Allowed
case, the transfer application is allowed
Provisions considered
- Hindu Marriage Act, 1955 s. 13
Key paragraphs
- Para 55. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Matrimonial Case No.115 of 2024 is withdrawn from the Principal Judge, Family Court, Kannauj. Principal Judge, Family Court, Kannauj is directed to transmit the record of Matrimonial…
Judgment
Applicant :- Smt Poonam Opposite Party :- Shri Gaurav Yadav Counsel for Applicant :- Rakesh Chandra, Snehlata Chaudhary Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant.
The case was heard on 13.12.2024 and Court had issued the notice to the opposite party. As per office report dated 024.02.2025 neither undelivered cover nor any acknowledgement has been returned and also no one has put in appearance on behalf of the opposite party, therefore, notice is treated to be sufficient.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Meerut and opposite party has filed Matrimonial Case No.115 of 2024, under Section 13 of Hindu Marriage Act before Principal Judge, Family Court, Kannauj, which is around 365 kilometers away from District Meerut, therefore, it is very difficult for her to attend the Court proceedings at District Kannauj on each date fixed and defend effectively. He lastly submitted that Apex Court has taken constant view that in such cases convenience of the wife has to be taken into consideration. In support of his contention, he has placed reliance upon the judgments of the Hon'ble Apex Court in the cases of Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41, Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356 respectively.
I have considered rival submissions advanced by learned counsel for the appellant and perused the records as well as judgments relied upon by counsel for applicant. Facts of the case are not disputed and controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.
Operative part
Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Matrimonial Case No.115 of 2024 is withdrawn from the Principal Judge, Family Court, Kannauj. Principal Judge, Family Court, Kannauj is directed to transmit the record of Matrimonial Case No.115 of 2024 to Principal Judge, Family Court, Meerut within 15 days from the date of production of certified copy of this order. Thereafter, endeavour shall be made to decide the aforesaid case maximum within a period of six months as provided in Section 21-B of Hindu Marriage Act, 1955 by the Principal Judge, Family Court Meerut or other Additional Judge as per the Rules of the Family Court. Order Date :- 21.3.2025 Amit
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: case, the transfer application is allowed
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955 — s. 13.
Which court decided this case, and when?
Allahabad High Court, on 21 Mar 2025. The bench was HINDU MARRIAGE ACT PRINCIPAL, PRINCIPAL, KANNAUJ PRINCIPAL, OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.