Smt. Titiksha Dwivedi (Mishra) v. Ashutosh Mishra

Applicant :- Smt. Titiksha Dwivedi (Mishra) Opposite Party :- Ashutosh Mishra Counsel for Applicant :- Rajesh Chandra Sinha Counsel for Opposite Party :- Anurag Shukla Hon'ble Neeraj Tiwari,J.

#1. Heard learned counsel for the applicant and Sri Anurag Shukla, learned counsel for the opposite party.

#2. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Lucknow and opposite party has filed Case No.2205 of 2024 before Principal Judge, Family Court, Kanpur Nagar. He next submitted that now the applicant has been transferred to Bahraich and on account of being in banking job, it is very difficult for her to attend the Court proceedings at District Kanpur Nagar 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 Rajni Kumari v. and another, (2001) 10 SCC 41, Raghvinder Sahay alias Babu, (2011) 11 SCC 176 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356 respectively.

#3. Sri Anurag Shukla, 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 The proceeding of Case No.2205 of 2024 is withdrawn from the Principal Judge, Family Court, Kanpur Nagar.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.2205 of 2024 to Principal Judge, Family Court, Lucknow 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 Lucknow 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