Neha Devi v. Sandeep Yadav

Case called out in revise. Learned counsel for the applicant is not present whereas Sri Birendra Kumar, learned counsel for the opposite party is present. Sri Birendra 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 Kanpur Nagar and opposite party has filed Case No. Case No. 3048 of 2023 before Family Court, Kanpur Nagar, which is around 80 kilometers away from District, Fatehpur, therefore, it is very difficult for her to attend the Court proceedings at District Kanpur Nagar 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 no.2 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 The proceeding of Case No. 3048 of 2023 is withdrawn from the Principal Judge, Family Court, Kanpur Nagar. Principal Judge, Family Court, Kanpur Nagar is directed to transmit the record of Case No. 3048 of 2023 to Principal Judge, Family Court, Fatehpur 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, Fatehpur or other Additional Judge as per the Rules of the Family Court Order Date :- 17.4.2025 ADY AMAR DEEP YADAV High Court of Judicature at Allahabad