Upasana v. Abhishek
Case at a glance
Outcome
Allowed
case, the transfer application is allowed
Provisions considered
- Hindu Marriage Act, 1955 s. 13
Key paragraphs
- Para 55. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No.937 of 2022 is withdrawn from the Principal Judge, Family Court, Kanpur Dehat. Principal Judge, Family Court, Kanpur Dehat is directed to transmit the record of…
Judgment
#2. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Kanpur Nagar and opposite party has filed Matrimonial Case No.937 of 2022, under Section 13 of Hindu Marriage Act before Principal Judge, Family Court, Kanpur Dehat, which is around 50 kilometers away from District Kanpur Nagar, therefore, it is very difficult for her to attend the Court proceedings at District Kanpur Dehat on each date fixed and defend effectively. He lastly submitted that Apex Court has 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 judgments of the Hon'ble 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 respectively.
#3. Sri Arun Kumar Singh, learned counsel for the opposite party has opposed the submission, but could not dispute the legal and factual submission made by the learned counsel for the applicant.
#4. I have considered rival submissions advanced by learned counsels for parties and perused the records as well as judgments relied upon by counsel for applicant. Facts of the case are not disputed and controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.
#5. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No.937 of 2022 is withdrawn from the Principal Judge, Family Court, Kanpur Dehat. Principal Judge, Family Court, Kanpur Dehat is directed to transmit the record of Case No.937 of 2022 to Principal Judge, Family Court, Kanpur Nagar 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 Kanpur Nagar or other Additional Judge as per the Rules of the Family Court. Order Date :- 19.3.2025 Amit AMIT KUMAR High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: case, the transfer application is allowed
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955 — s. 13.
Which court decided this case, and when?
Allahabad High Court, on 19 Mar 2025. The bench was HINDU MARRIAGE ACT PRINCIPAL, PRINCIPAL, KANPUR DEHAT PRINCIPAL, OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
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