Smt. Reena Kumari v. Pramod Kumar
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 The proceeding of Matrimonial Case No.14 of 2023 is withdrawn from the Principal Judge, Family Court, Badaun. The Principal Judge, Family Court, Badaun is directed to transmit the record of…
Judgment
Applicant :- Smt. Reena Kumari Opposite Party :- Pramod Kumar Counsel for Applicant :- Utkarsha Shukla Hon'ble Neeraj Tiwari,J.
Heard Sri Utkarsha Shukla, learned counsel for the applicant and Sri Satish Chandra Tiwari, learned counsel for the opposite party.
Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Bareilly and opposite party has filed Matrimonial Case No.14 of 2023, under Section 13 of Hindu Marriage Act before Principal Judge, Family Court, Badaun, which is around 51 kilometers away from District Bareilly, therefore, it is very difficult for her to attend the Court roceedings at District Badaun 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.
Sri Satish Chandra Tiwari, learned counsel for the opposite party has not disputed the aforesaid legal and factual submissions made by learned counsel for the applicant and submitted that present application may be allowed but direction may be issued to decide the aforesaid case expeditiously.
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.
Operative part
Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Matrimonial Case No.14 of 2023 is withdrawn from the Principal Judge, Family Court, Badaun. The Principal Judge, Family Court, Badaun is directed to transmit the record of Case No.14 of 2023 to Principal Judge, Family Court, Bareilly 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, Bareilly or other Additional Judge as per the Rules of the Family Court. Order Date :- 2.5.2025 Amit AMIT KUMAR AMIT KUMAR AMIT KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad 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 02 May 2025. The bench was HINDU MARRIAGE ACT PRINCIPAL, PRINCIPAL, BADAUN PRINCIPAL, BAREILLY, OTHER ADDITIONAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.