Allowed

Ritu Jaiswal v. Ajeet Kumar Jaiswal

Allahabad HC12 Nov 2021TACL/246/2020

Case brief

AI extract

What is this about?

On application by the wife, the High Court ordered the transfer of a divorce petition filed by the husband in Family Court, Varanasi, to the District Court, Sonbhadra. The transfer was granted due to the wife's residence in Sonbhadra, her pending maintenance case there, lack of income, and the need to facilitate judicial efficiency.

What did the court decide?

Transfer of Divorce Petition No. 519 of 2020 from Family Court, Varanasi to a competent court at District Sonbhadra.

Ritu Jaiswal Vs Ajeet Kumar Jaiswal — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 58

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Case :- TRANSFER APPLICATION (CIVIL) No. - 246 of 2020

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Applicant :- Ritu Jaiswal Opposite Party :- Ajeet Kumar Jaiswal Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- Kripa Kant Pandey

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Hon'ble Shekhar Kumar Yadav,J.

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The present transfer application has been filed by the wife for transfer of Divorce Petition No. 519 of 2020 registered under Section 13 of the Hindu Marriage Act, 1955 in the Family Court, Varanasi at the instance of the husband, i.e., the opposite party. The transfer has been sought to Family Court, Sonbhadra.

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It has been stated in paragraph No. 16 of the affidavit filed in support of the transfer application that Case No. 212 of 2020 filed by the applicant under Section 125 Cr.P.C. against the opposite party is pending in the Family Court, Sonbhadra. It was argued by counsel for the applicant that in case the divorce petition is not transferred from Family Court, Varanasi to Family Court, Sonbhadra, the applicant shall be gravely prejudiced and will not be able to do pairvi of her case in Family Court, Varanasi. Learned counsel for the applicant submits that the applicant is a lady residing at District Sobhadra having two minor children. The marriage between the applicant and opposite party was solemnized on 20.01.2005. Her husband has instituted a divorce suit no.51 of 2020 (Ajeet Kumar Jaiswal vs. Ritu Jaiswal), under Section 13 of Hindu Marriage Act, 1955 before Principal Judge, Family Court,Varanasi.

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The applicant and opposite party are present before this Court pursuant to the order of this court dated 1.11.2021. This court tried every efforts to mediate between the parties but failed. Though, on query being made to the wife (applicant), she has contended that the she is ready to go with her husband but her husband has refused to keep her with him and the mediation between both the parties is not possible.

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Counsel for the applicant (wife), contends that two children are borne out of the wedlock, and are residing with the applicant, therefore, it would rather be difficult for the applicant to go to Varanasi to contest the case preferred by opposite party. The fact with regard to the other cases pending at Sonbhadra is not disputed and it is also not disputed that the applicant has no other source of income and is dependent on her parents.

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I have considered the submissions made by the counsel for the parties and has come to a conclusion that while considering the difficulties which will be faced by the applicant, the applicant appears to be in a disadvantage if the present application is not allowed as she has no source of income having two minor children, nor there is anyone who can travel with her. Apart from that, other cases are pending in the Courts at District Sonbhadra and the respondent is appearing and facing trial in those cases. If the petition under Section 13 of the Act is transferred to District Sonbhadra, the husband will have no difficulty in attending the proceedings in that case also since he is already appearing in the Courts at Sonbhadra.

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Considering the facts and circumstances of the case, present transfer application is allowed. The Divorce Petition No. 519 of 2020 (Ajeet Kumar Jaiswal Vs Ritu Jaiswal), under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Varanasi is transferred to a Court of competent jurisdiction at District Sonbhadra.

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The District Judge, Varanasi is directed to transmit the records of the above mentioned case to the District Judge, Sonbhadra, who shall try the case himself or assign the same to some other Court of competent jurisdiction, in accordance with law.

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Copy of this order be sent to the District Judge, Varanasi as well as to the District Judge, Sonbhadra for information and compliance.

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Order Date :- 12.11.2021 RavindraKSingh

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Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.11.12 17:04:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Ritu Jaiswal v. Ajeet Kumar Jaiswal

Case brief

What is this about?

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Ritu Jaiswal v. Ajeet Kumar Jaiswal

Case brief

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