Swati Chaudhary v. Shri Sankalp Singh
Case at a glance
Outcome
Allowed
transfer application is allowed
Provisions considered
Judgment
Applicant :- Swati Chaudhary Opposite Party :- Shri Sankalp Singh Counsel for Applicant :- Kapil Kumar, Nitika Sharma Counsel for Opposite Party :- Hemendra Kumar Hon'ble Neeraj Tiwari,J. Heard. Sri Hemendra Kumar, learned counsel for the opposite party submitted that he would have no objection in case petition is allowed and further requested that suitable direction may be issued to Family Court to decide the case within time bound manner. Brief facts of the case are that applicant is wife of opposite party and residing at Ghaziabad and opposite party has filed Case No. 2024 of 2023 before Family Court, Aligarh, which is around 124 kilometers away from District Ghaziabad, therefore, it is very difficult for her to attend the Court proceedings at District Aligarh 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. I have considered the statement given by learned counsel for the opposite party and perused the records as well as judgments. The controversy involved in the present case is squarely covered by the judgments relied hereinabove. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 2024 of 2023 is withdrawn from the Principal Judge, Family Court, Aligarh. Principal Judge, Family Court, Aligarh is directed to transmit the record of Case No. 2024 of 2023 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 :- 18.4.2025 Junaid JUNAID AHMAD High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 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 18 Apr 2025. The bench was PRINCIPAL, ALIGARH PRINCIPAL, GHAZIABAD OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
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