Smt. Kanchan Sankhdhar v. Ratnesh Pandey

Applicant :- Smt. Kanchan Sankhdhar Opposite Party :- Ratnesh Pandey Counsel for Applicant :- P.H. Vashishtha, Vindesh Kumar Counsel for Opposite Party :- Bheshaj Puri Hon'ble Neeraj Tiwari,J. Heard learned counsel for applicant and Sri Bheshaj Puri, learned counsel for opposite party. Brief fact of the case is that applicant is wife of opposite party and residing at Shahjahanpur and opposite party has filed Case No. 145 of 2023, under Section 13 of Hindu Marriage Act before Principal Judge, Family Court, Bareilly. It is very difficult for applicant to attend the Court proceedings at District Bareilly on each date fixed and defend effectively. 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. Sri Bheshaj Puri, 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. 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. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 145 of 2023 is withdrawn from the Principal Judge, Family Court, Bareilly. Principal Judge, Family Court, Bareilly is directed to transmit the record of Case No. 145 of 2023 to Principal Judge, Family Court, Shahjahanpur 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 Shahjahanpur or other Additional Judge as per the Rules of the Family Court. Order Date :- 6.5.2025 Sartaj SARTAJ AHMAD High Court of Judicature at Allahabad