Kajal @ Kajal Katheria v. Gaurav Kumar
Case at a glance
Outcome
Allowed
transfer application is allowed
Provisions considered
Key paragraphs
- Para 55. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 75 of 2024 is withdrawn from the Principal Judge, Family Court, Farukkhabad. Principal Judge, Family Court, Farukkhabad is directed to transmit the record of Case…
Judgment
#1. Heard Sri Akash Singh, learned counsel for the applicant and Sri Pranvesh, Advocate, holding brief of Sri Agnivesh, learned counsel for the opposite party.
#2. Brief facts of the case are that applicant is wife of opposite party and residing at Shahjahanpur and opposite party has filed Case No. 75 of 2024 before Family Court, Farukkhabad, which is around 80 kilometers away from District, Shahjahanpur, therefore, it is very difficult for her to attend the Court proceedings at District Farukkhabad 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.
#3. 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.
#4. 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.
#5. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 75 of 2024 is withdrawn from the Principal Judge, Family Court, Farukkhabad. Principal Judge, Family Court, Farukkhabad is directed to transmit the record of Case No. 75 of 2024 to Principal Judge, Family Court, Shahjahanpur 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, Shahjahanpur or other Additional Judge as per the Rules of the Family Court. Order Date :- 6.5.2025 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: 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 06 May 2025. The bench was PRINCIPAL, FARUKKHABAD PRINCIPAL, SHAHJAHANPUR OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
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