Smt. Kavita v. Shri Shailendra
Case at a glance
Outcome
Allowed
the transfer application is allowed
Provisions considered
Key paragraphs
- Para 55. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Divorce Petition No. 1548 of 2019 is withdrawn from the Principal Judge, Family Court, Bulandshahr. Principal Judge, Family Court, Bulandshahr is directed to transmit the record of…
Judgment
Applicant :- Smt. Kavita Opposite Party :- Shri Shailendra Counsel for Applicant :- Rohit Nandan Shukla Counsel for Opposite Party :- Krishna Kant Dubey, Santosh Kumar Dubey Hon'ble Neeraj Tiwari,J.
#1. Heard.
#2. Brief facts of the case are that applicant is wife of opposite party and residing at Karaval Nagar, Delhi and opposite party has filed Divorce Petition No. 1548 of 2019 before Principal Judge, Family Court, Bulandshahar, which is around 100 kilometers away from Delhi, therefore, it is very difficult for her to attend the Court proceedings at District Bulandshahr 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.
#3. Sri Lavkush Dixit, advocate holding brief of Santosh Kumar Dubey, learned counsel for opposite party has not disputed the aforesaid facts and submitted that present application may be allowed, but direction may be issued to decide the aforesaid case expeditiously.
#4. I have considered the statement given by learned counsel for the opposite party and perused the records as well as judgements. The controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.
#5. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Divorce Petition No. 1548 of 2019 is withdrawn from the Principal Judge, Family Court, Bulandshahr. Principal Judge, Family Court, Bulandshahr is directed to transmit the record of Divorce Petition No. 1548 of 2019 to Principal Judge, Family Court, Gautam Buddh 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, Gautam Buddha Nagar or other Additional Judge as per the Rules of the Family Court Order Date :- 9.5.2025 Manoj MANOJ KUMAR 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: the transfer 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 09 May 2025. The bench was PRINCIPAL, BULANDSHAHR PRINCIPAL, GAUTAM BUDDHA NAGAR OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
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