Smt Shagun Singh v. Aditya Kumar

#1. Heard learned counsel for the applicant and Sri Ravendra Singh, learned counsel for the opposite party.

#2. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Moradabad and opposite party has filed Matrimonial Case No.2745 of 2023 (Aditya Kumar Vs. Smt. Shagun Singh), under Section 13 of Hindu Marriage Act, 1955 before Principal Judge, Family Court, Meerut, which is around 135 kilometers away from District Moradabad, therefore, it is very difficult for her to attend the Court proceedings at District Meerut on each date fixed and defend effectively. He further submitted that applicant has also filed a case under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights in the Court of learned Principal Judge, Family Court, Moradabad, therefore, it is quite impossible to her to attend two different cases at two different districts simultaneously. He lastly submitted that Apex Court as well as many other Courts have 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.

#3. Sri Ravendra Singh, 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.2745 of 2023 (Aditya Kumar Vs. Smt. Shagun Singh), under Section 13 of Hindu Marriage Act, 1955 is withdrawn from the Principal Judge, Family Court, Meerut. Principal Judge, Family Court, Meerut is directed to transmit the record of Case No. 2745 of 2023 to Principal Judge, Family Court, Moradabad 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, Moradabad or other Additional Judge as per the Rules of the Family Court. Order Date :- 19.3.2025 AKT ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad