Smt. Sonika Singh v. Sri Himanshu Singh

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 907 of 2022 Applicant :- Smt. Sonika Singh Opposite Party :- Sri Himanshu Singh Counsel for Applicant :- Prem Kumar Chaurasia Counsel for Opposite Party :- Dipendra Kumar, Pradeep Kumar Rai Hon'ble Neeraj Tiwari,J. Heard. Brief fact of the case is that applicant is wife of opposite party and residing at Ghaziabad and opposite party has filed Marriage Petition No. 2024 of 2022, under Section 13 of Hindu Marriage Act before Principal Judge, Family Court, Meerut. The applicant is unable to pursue the case as she is fully dependent upon her father, therefore, it is very difficult for her to attend the Court proceedings at District Meerut 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 Raghuvansh Chandra, 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 The proceeding of Marriage Petition No. 2024 of 2022 is withdrawn from the Principal Judge, Family Court, Meerut. Principal Judge, Family Court, Meerut is directed to transmit the record of Marriage Petition No. 2024 of 2022 to Principal Judge, Family Court, Ghaziabad 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 Ghaziabad or other Additional Judge as per the Rules of the Family Court. Order Date :- 30.4.2025 Arvind ARVIND KUMAR GUPTA High Court of Judicature at Allahabad