Jayanti Pandey v. Girijesh Pandey

Applicant :- Jayanti Pandey Opposite Party :- Girijesh Pandey Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- Subodh Pandey Hon'ble Neeraj Tiwari,J. Heard learned counsel for the applicant and Mr. Subodh Pandey, learned counsel for the opposite party. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Mau and opposite party no.2 has filed Case No. 311 of 2020 (Girjesh Pandey vs. Jayanti Pandey) before Family Court, Deoria, which is around 90 kilometers away from District Mau, therefore, it is very difficult for her to attend the Court proceedings at District Deoria on each date fixed and defend effectively. He next submitted that another case i.e. Complaint Case no.1964 of 2020, under Sections, 323, 307, 498-A, 406, 504, 506 IPC and 3/4 D.P. Act and Section 125 Cr.P.C. are also pending at District Mau. He further submitted that Apex Court as well as many other Courts have 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 judgment of Apex Court, Punjab and Haryana High Court, Madras High Court and this Court in the cases of Sumita Singh Vs. Kumar Sanjay reported in 2001 LawSuit(SC) 363, Sweety Vs. Anuj Garg passed in T.A. No. 228 of 2014 decided on 11 August, 2015 and D. Kokila Vs. R. Dillibabu passed in Transfer C.M.P. No. 201 of 2016 decided on 4 October, 2016, Satyam Goyal vs. Principal Judge, Family Court Gonda and others passed in Application Nos. 93 & 119 of 2017 decided on 3.8.2018, Smt. Dipti Saxena Vs. Ashish Srivastava and another passed in Transfer Application (Civil) No. 567 of 2019 decided on 14.12.2020 and Swapnal Mishra vs. Saurabh Mishra passed in Transfer Application (Civil) Nos. 152 of 2019 & 111 of 2021 decided on 4.2.2022 respectively. Lastly, he submitted that recently this Court in the matter of Smt. Shakshi Agarwal vs. Sri Ashutosh Agarwal allowed the transfer Application filed by wife vide detailed judgment and order dated 4.2.2022 considering the different pronouncements made by the Apex Court as well as High Courts. Mr. Subodh Pandey, learned counsel for the opposite party has opposed the submission, but could not dispute the legal submission made by the learned counsel for the applicant. I have considered the rival submissions advanced by the learned counsel for the parites and perused the record. From perusal of the counter affidavit, it appears to be correct that applicant is residing at District- Mau and two cases are also pending between the parties at District Mau. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 311 of 2020 (Girjesh Pandey vs. Jayanti Pandey) is withdrawn from the Principal Judge, Family Court, Deoria. The Principal Judge, Family Court, Deoria is directed to transmit the record of Case No. 311 of 2020 (Girjesh Pandey vs. Jayanti Pandey) to Principal Judge, Family Court, Mau within 15 days from the date of production of certified copy of this order. Thereafter, endeavour shall be made to decide the aforesaid petition maximum within a period of six months as provided in Section 21-B of Hindu Marriage Act, 1955 by the Principal Judge, Family Court, Mau or other Additional Judge as per the Rules of the Family Court. Order Date :- 5.4.2022 Junaid Reason: Location: High Court of Judicature at Allahabad