Allowed

Smt. Divya Bajpai@ Aarti v. Shivam Bajpai @ Govind

Allahabad HC8 Dec 2021TACL/58/2021

Case brief

AI extract

What is this about?

This court transferred a divorce petition under the Hindu Marriage Act from Allahabad to Kanpur Nagar Family Court. The transfer was granted because the applicant, a cancer patient residing in Kanpur for treatment, could not conveniently attend court in Allahabad.

What did the court decide?

Divorce petition No. 631 of 2020 transferred from Principal Judge, Family Court, Allahabad to Principal Judge, Family Court, Kanpur Nagar.

Smt. Divya Bajpai@ Aarti Vs Shivam Bajpai @ Govind — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 4

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Case :- TRANSFER APPLICATION (CIVIL) No. - 58 of 2021

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Applicant :- Smt. Divya Bajpai@ Aarti Opposite Party :- Shivam Bajpai @ Govind Counsel for Applicant :- Dhiraj Srivastava Counsel for Opposite Party :- Prakhar Srivastava

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Dhiraj Srivastava, learned counsel for the applicant and Sri Prakhar Srivastava,learned counsel for the respondent.

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This application under Section 24 of C.P.C. has been filed for transferring the divorce petition No.631 of 2020 filed under Section 12 (c) of Hindu Marriage Act from the Court of Principal Judge, Family Court, Allahabad to the Court of Principal Judge, Family Court, Kanpur Nagar.

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It is contended by counsel for the applicant that the applicant was married with opposite party on 09.02.2020 according to Hindu rites and customs Due to matrimonial dispute having been arisen between the parties as well as applicant being cancer patient, she was thrown out of her matrimonial house and is presently residing at her parental house at Kanpur Nagar. She had instituted proceedings under Section 125 Cr.P.C. and 12 of Domestic Violence Act and also proceedings under Section 498-A IPC The opposite party-husband has filed divorce petition under Section 12(c) of Hindu Marriage Act after coming to know the fact that the applicant is suffering from cancer prior to the marriage, which fact was never disclosed at the time of marriage.

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The applicant's counsel next contended that being a cancer patient, it is not possible for her to attend each and every date before the Family Court at Allahabad and therefore the case may be transferred to Family Court Kanpur Nagar so that the other three matters pending between the parties may be decided along with present case.

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Opposing the transfer application, Sri Prakhar Srivastava, learned counsel appearing for the opposite party submitted that the factum of suffering from

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cancer was deliberately concealed by the applicant at the time of marriage and after three months of the marriage, the opposite party had come to know that she was suffering from cancer. The opposite party had further made all arrangement for her treatment at Allahabad but the applicant was not ready and has left the matrimonial home. He further contended that the applicant is sending legal notices as well as whatsapp messages and threatened him for dire consequences in case the matter is transferred to Kanpur Nagar.

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I have heard the counsel for the parties.

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As it is admitted to both the parties that marriage was solemnized on 09.02.2020 and immediately after the marriage the dispute arose between the parties which led to filing of various cases by both the sides at the Courts at Allahabad as well as Kanpur Nagar.

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Considering the fact that the applicant is a cancer patient, which is admitted to both the sides and her treatment is going on at Kanpur Nagar, it would be appropriate that the divorce petition filed by opposite party before Principal Judge, Family Court, Allahabad be transferred before Principal Judge, Family Court, Kanpur Nagar.

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In view of the said fact, transfer application is allowed. The Court below is directed to transmit the entire records of Matrimonial Case No.631 of 2020 (Shivam Vajpai vs. Smt. Aarti Vajpai) under Section 12(c) of Hindu Marriage Act to the Court of Principal Judge, Family Court, Kanpur Nagar.

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Order Date :- 8.12.2021 Kushal

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Digitally signed by ROHIT RANJAN AGARWAL Date: 2021.12.14 12:15:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Smt. Divya Bajpai@ Aarti v. Shivam Bajpai @ Govind

Case brief

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Smt. Divya Bajpai@ Aarti v. Shivam Bajpai @ Govind

Case brief

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