Smt Pragya Jyoti Verma @ Nidhi v. Ashish
Case at a glance
Outcome
Allowed
the transfer application is allowed
Provisions considered
Key paragraphs
- Para 44. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Divorce Case No. 284 of 2024 is withdrawn from the Principal Judge, Family Court, Kannauj. Principal Judge, Family Court, Kannauj is directed to transmit the record of…
Judgment
#1. Heard learned counsel for the applicant and Ms. Manju Verma, learned counsel for the opposite party.
#2. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Banda and opposite party has filed Divorce Case No. 284 of 2024 before Family Court, Kannauj, which is around 215 kilometers away from District Banda, therefore, it is very difficult for her to attend the Court proceedings at District Kannauj 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. Learned counsel for the opposite party from the counter affidavit could not dispute the aforesaid fact and nothing specific has been mentioned in the counter affidavit to convince the Court to distinguish the law laid down by the Hon'ble Apex Court and take a different view. 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.
#4. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Divorce Case No. 284 of 2024 is withdrawn from the Principal Judge, Family Court, Kannauj. Principal Judge, Family Court, Kannauj is directed to transmit the record of Divorce Case No. 284 of 2024 to Principal Judge, Family Court, Banda 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, Banda or other Additional Judge as per the Rules of the Family Court. Order Date :- 24.4.2025 ADY AMAR DEEP YADAV High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the 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 24 Apr 2025. The bench was PRINCIPAL, KANNAUJ PRINCIPAL, BANDA OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
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