Smt Kanak Jaiswal v. Brajesh Jaiswal

#1. Heard learned counsel for the applicant.

#2. The case was heard on 13.12.2024 and Court had issued the notice to the opposite party. As per office report dated 27.02.2025 and 01.04.2025 notice was issued to sole- opposite party through RPAD, but neither undelivered nor any acknowledgment has been returned back and also no one has put in appearance on his behalf, therefore, notice is treated to be sufficient.

#3. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Gorakhpur and opposite party has filed Matrimonial Case No.759 of 2023, under Section 13 (1) of Hindu Marriage Act before Principal Judge, Family Court, Kushinagar, which is around 56 kilometers away from District Gorakhpur and appellant is also having a liability of minor baby girl, who is aged about 1 and half year, therefore, it is very difficult for her to attend the Court proceedings at District Kushinagar 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.

#4. I have considered rival submissions advanced by learned counsel for the applicant 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 The proceeding of Matrimonial Case No.759 of 2023 is withdrawn from the Principal Judge, Family Court, Kushinagar. The Principal Judge, Family Court, Kushinagar is directed to transmit the record of Matrimonial Case No.759 of 2023 to Principal Judge, Family Court, Gorakhpur 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, Gorakhpur or other Additional Judge as per the Rules of the Family Court. Order Date :- 8.4.2025 Amit AMIT KUMAR High Court of Judicature at Allahabad