Amit Tiwari v. Smt. Ekta Tiwari) from the Court of Principal Judge, Family Court, Kanpur Nagar t
Case Details
Court No. - 6 Case :- TRANSFER APPLICATION (CIVIL) No. - 573 of 2021
Legal Reasoning
Applicant :- Smt. Ekta Tiwari Opposite Party :- Amit Tiwari Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- Ravi Sahu Hon'ble J.J. Munir,J. 1. Parties have exchanged affidavits. 2. Admit. 3. Heard forthwith by consent. 4. This transfer application seeks transfer of Case No. 1289 of 2020, under Section 13 (1) A Hindu Marriage Act, 1955 (Amit Tiwari Vs Smt. Ekta Tiwari) from the Court of Principal Judge, Family Court, Kanpur Nagar to the Family Court, Moradabad. 5. Heard Mr. Madan Singh, learned Counsel for the applicant and Mr. Amit Gupta, Advocate, holding brief of Mr. Ravi Sahu, learned Counsel for the opposite party. 6. It is submitted by the learned Counsel for the applicant that there are two cases pending inter partes at Mordabad, details whereof are mentioned in paragraph 12 and 13 of the affidavit filed in support of the transfer application. It is next submitted that the applicant post estrangement stays with her widowed mother at House No.25, M.D.A., Deen Dayal Phase 2, Near Sai Mandir, Police Station Civil Lines , Moradabad. The applicant's mother is an old person. The applicant is a housewife, who does not have an independent source of income. The applicant does not have the necessary financial or physical means to defend outstation litigation at Kanpur Nagar. That apart, a threat perception to the applicant has also been averred in paragraph nos. 15 and 23 of the affidavit saying that she has a risk of being done to death by or on behalf of the opposite party if forced to defend proceedings at Kanpur Nagar. It is also the applicant's case that threats extended to her by the opposite party are directed to coerce her into withdrawing cases that she has filed at Moradabad against the opposite party and his family members. It is submitted that in case the applicant is forced to defend at Kanpur Nagar, her case would be seriously prejudiced. It is next submitted that the wife's convenience in the matter of venue has to be given primacy in matrimonial causes. 7. In paragraph nos. 14 and 15 of the counter affidavit, the factum of pendency of two cases inter partes at Moradabad as averred in paragraph nos. 12 and 13 of the affidavit filed in support of the transfer application, has not been denied. The threat perception as alleged in paragraph nos. 15 and 23 of the affidavit filed in support of the transfer application has been specifically denied in paragraph no. 14 of the counter affidavit. 8. It is the opposite party's case that he too had applied for transfer of Misc. Case No.496 of 2021 under Section 125 CrPC from Moradabad to a Court of competent jurisdiction at Kanpur Nagar vide Transfer Application (Criminal) No.208 of 2022. However, it is also admitted that the said transfer application was disposed of by this Court vide order dated 4.8.2022 granting liberty to the applicant to apply under the Rules for Video Conferencing. The Court in that case had directed that if the opposite party makes an application under the Video Conferencing Rules, the Court concerned shall pass appropriate orders in accordance with law. The said order passed by this Court on the opposite party's application does not detract from the position that two cases instituted by the wife still continue to be pending at Moradabad. 9. Upon hearing learned Counsel for the parties, this Court finds that two cases inter partes are pending at Moradabad. In the two cases instituted by the applicant at Moradabad, the opposite party could have to attend Court at there in any case. Therefore, if all cases are venued at one station, it would lead to ease of litigation and save time, energy and resources for both parties. That apart, the applicant has no independent income of her own. She is dependent upon her widowed mother. The threat perception to the applicant's life, however, does not seem to be correct because there is no material to support the allegation. The opposite party, on the other hand, appears to be an able bodied man and with resources of his own. There would be no difficulty for him if he attends at Moradabad. 10. 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 grant transfer. In this connection, reference may further be made to the recent decision of the Supreme Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199. 11. In the opinion of this Court, good grounds for transferring the proceedings are made out. 12. The Transfer Application is allowed. 13. The proceedings of Case No. 1289 of 2020, under Section 13 (1) A Hindu Marriage Act, 1955 (Amit Tiwari Vs Smt. Ekta Tiwari), are withdrawn from the file of the Principal Judge, Family Court, Kanpur Nagar and transferred to Principal Judge, Family Court at Moradabad, who may proceed to try the case himself or assign it to an Additional Principal Judge, available on the Court, as he deems fit. In either case, trial shall be expedited and endeavour made to conclude the same within six months of the date of receipt of a copy of this order. The Principal Judge, Family Court, Kanpur Nagar shall cause the records of the case to be transmitted forthwith to the Principal Judge, Family Court, Moradabad. 14. Let this order be communicated to the Principal Judge, Family Court, Kanpur Nagar and the Principal Judge, Family Court, Moradabad by the Registrar (Compliance). Order Date :- 11.1.2023 Prashant Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad