Robin Saini v. Smt. Sonali Saini, under Section
Case Details
1 Court No. - 6 Case :- TRANSFER APPLICATION (CIVIL) No. - 254 of 2022 Applicant :- Smt. Sonali Saini Opposite Party :- Robin Saini Counsel for Applicant :- Ram Chandra Kushwaha Hon'ble J.J. Munir,J. 1. 2. No counter affidavit has been filed. A perusal of the office report dated 04.08.2022 shows that notice issued by RPAD to the sole opposite party has led to a
Legal Reasoning
postal track report as "Item Delivery Confirmed". 3. Looking to the said report, service upon the sole opposite party is deemed sufficient. Office report also shows that no one has put in appearance. 4. When the case is called on today, no one appears on behalf of the respondent. 5.
Legal Reasoning
Mr. R.C. Kushwaha, learned Counsel is present on behalf of the applicant. 6. 7. 8. Admit. Heard forthwith. Heard Mr. R.C. Kushwaha, learned Counsel for the applicant in support of this application. 9. This is a transfer application on behalf of the wife, seeking transfer of Case No. 330 of 2020, Robin Saini vs. Smt. Sonali Saini, under Section 13 of the Hindu Marriage Act, 1955, from Principal Judge, Family Court, Shamli at Kairana to the Family Court at Muzaffar Nagar. 2 10. It is submitted by the learned Counsel for the applicant that there are three cases inter partes pending at Muzaffar Nagar, details whereof are mentioned in Paragraph No.16 of the affidavit filed in support of the transfer application. The applicant, who is a housewife, has no source of income of her own and stays with her father. She is financially dependent upon her father and it is not possible for her to travel the distance between the two stations on each date fixed. The distance between Muzaffar Nagar and Kairana is about 55 kilometers. The applicant also has the responsibility of bringing up her child, who is aged about 5 years and on account of which it is difficult to travel frequently. The applicant and her child are not being paid a single penny in maintenance as averred in Paragraph No. 9 of the affidavit. In the circumstances, the learned Counsel for the applicant submits that if the applicant is forced to attend at Kairana, Shamli, her defence would be seriously prejudiced. It is next submitted that convenience of the wife about the venue in a matrimonial cause has to be accorded priority. 11. No counter affidavit has been filed on behalf of the opposite party. As such, the averments in the affidavit filed in support of the transfer application remain unrebutted. 12. Upon hearing the learned Counsel for the applicant, this Court finds that there are three cases pending inter partes at Muzaffar Nagar: one is a case under the Domestic Violence Act, the other an application for maintenance under Section 125 Cr.P.C. and the third, a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. There is nothing on record to show that the opposite party has applied for transfer of any of these cases from Muzaffar Nagar to Shamli or any 3 other district. In the circumstances, the opposite party would, in any case, appear in the three cases instituted at Muzaffar Nagar by the applicant. As such, if the present case is transferred from Shamli to Muzaffar Nagar, all the four cases would be venued at the same station, which would promote ease of litigation for both parties. The parties can request a single date in all the matters, in consequence whereof, the time and resources of parties would be saved. It is also true that the applicant does not seem to have any source of income of her own and is dependent upon her father. In the circumstances, attending at Shamli on each date scheduled there may impair her defence. It is also true that she has a young child of five years to take care of, which would further impair her ability in defending outstation litigation. 13. Quite apart, the convenience of the wife about the venue is favoured in matrimonial causes and nothing has been shown in this case to make it different from the rule. In this regard, reference may be made to the decision of the Supreme Court in Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, where it has been held that in matrimonial causes, the convenience of the wife is a good ground to consider in granting a transfer. In this connection, reference may be made further to the recent decision of the Supreme Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199, where on the issue in hand, it has been held: "9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial 4 matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the 4 social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer." (emphasis by Court) 14.
Decision
In the result, this Court finds it to be a fit case for transfer in the terms prayed. This application is allowed. 15. The proceedings of Case No. 330 of 2020, Robin Saini vs. Smt. Sonali Saini, under Section 13 of the Hindu Marriage Act, 1955, are withdrawn from the file of the Principal Judge, Family Court, Shamli at Kairana and transferred to the Principal Judge, Family Court at Muzaffar Nagar, who may proceed to try the case himself or assign to it to an Additional Principal Judge, available on the Court, as he deems fit. In either case, trial shall be expedited and endeavour shall be made to conclude the same within six months of the date of receipt of a copy of this order. The Principal Judge, Family Court, Shamli at Kairana shall cause the records of the case to be transmitted forthwith to the Principal Judge, Family Court at Muzaffar Nagar. 16. Let a copy of this order be communicated to the Principal Judge, Family Court, Shamli at Kairana and the Principal Judge, Family Court, Muzaffar Nagar by the Registrar (Compliance). Order Date :- 21.9.2022 SA/ Anoop Digitally signed by ANOOP KUMAR SINGH Date: 2022.10.13 16:43:43 IST Reason: Location: High Court of Judicature at Allahabad