Smt. Aparna Singh v. Jugal Chaudhary
Case at a glance
Outcome
Allowed
application is allowed
Provisions considered
Key paragraphs
- Para 55. Under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 1845 of 2021 is withdrawn from the Principal Judge, Family Court, Bulandshahar. Principal Judge, Family Court, Bulandshahar is directed to transmit the record of Case No.…
Judgment
Applicant :- Smt. Aparna Singh Opposite Party :- Jugal Chaudhary Counsel for Applicant :- Anil Kumar Bajpai Counsel for Opposite Party :- Kuldeep Kumar Hon'ble Neeraj Tiwari,J.
#1. Heard.
#2. Sri Kuldeep Kumar, learned counsel for the opposite party submitted that he would have no objection in case application is allowed and further requested that suitable direction may be issued to Family Court to decide the case within time bound manner.
#3. Applicant is wife of opposite party and residing at Gautam Buddha Nagar and opposite party has filed Case No. 1845 of 2021 before Family Court, Bulandshahar, which is around 60 kilometers away from District Gautam Buddha Nagar, therefore, it is very difficult for her to attend the Court proceedings at District Bulandshahar on each date fixed and defend effectively. The 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 has taken constant view that in such cases convenience of the wife has to be taken into consideration.
#4. I have considered the submission made by learned counsel for the opposite party and perused the records as well as judgments cited above. The controversy involved in the present case is squarely covered by the aforesaid judgments.
#5. Under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 1845 of 2021 is withdrawn from the Principal Judge, Family Court, Bulandshahar. Principal Judge, Family Court, Bulandshahar is directed to transmit the record of Case No. 1845 of 2021 to Principal Judge, Family Court, Gautam Buddha Nagar 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, Bareilly or other Additional Judge as per the Rules of the Family Court. Order Date :- 17.4.2025 ADY AMAR DEEP YADAV High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is allowed
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 17 Apr 2025. The bench was PRINCIPAL, BULANDSHAHAR PRINCIPAL, BAREILLY OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
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