Allowed

Smt. Renu Kanaujiya v. State of U.P. and Another

Allahabad HC3 Feb 2022TACL/119/2021

Case brief

AI extract

What is this about?

The Family Court allowed a transfer application to move a Hindu Marriage Act case from Ayodhya to Jaunpur. The court held that transferring the case pending at Ayodhya to Jaunpur was necessary to reduce the hardship on the wife residing in Jaunpur alongside her child, relying on Supreme Court precedents emphasizing the needs of the wife in matrimonial disputes.

What did the court decide?

Transfer of Case No. 383 of 2021 from Principal Judge, Family Court, Ayodhya to Principal Judge, Family Court, Jaunpur.

Smt. Renu Kanaujiya Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 31

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Case :- TRANSFER APPLICATION (CIVIL) No. - 119 of 2021

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Applicant :- Smt. Renu Kanaujiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Nath Pandey,Phool Badan Singh

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Hon'ble Mohd. Faiz Alam Khan,J.

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The case is taken up through video conferencing as the Court is working through virtual mode.

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Heard Shri Ram Nath Pandey, learned counsel for the applicant and perused the record.

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As per report of the office dated 22.11.2021, it is stated that the opposite party is living in Delhi, however, the notice has been affixed on the main door of his house. Thereafter the steps were again taken in pursuance of the order of this Court dated 25.11.2021 to serve opposite party and as per report of the office dated 20.12.2021, the notice has been received by the mother (Smt. Meena) of the opposite party, thus the service of notice on opposite party is sufficient.

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The instant transfer application has been moved by the applicant with a prayer to transfer the Case No.383 of 2021, under Section 9 of the Hindu Marriage Act, titled as ' Sunil Kumar Kanaujiya vs. Smt. Reena ' from the court of the Principal Judge, Family Court, Ayodhya (Faizabad) to the court of the Principal Judge, Family Court, Jaunpur.

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Learned counsel for the applicant submits that opposite party is the husband of the applicant and the applicant is residing at her parental house at Jaunapur. It is further submitted that due to matrimonial distorted relations, the applicant has filed an application under Section 125 Cr.P.C. bearing Case No.1349 of 2021; Smt. Reena Vs. Sunil Kumar Kanaujiya and another criminal case bearing No.1 of 2021; Smt. Reena Vs. Sunil Kumar Kanaujiya , under Section 12 of the Domestic Violence Act, which are pending before the Additional Civil Judge (J.D.), Jaunpur, while the opposite party has instituted the Case No.383 of 2021, under Section 9 of the Hindu Marriage Act before the court of Principal Judge, Family Court, Ayodhya (Faizabad).

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It is also submitted that the applicant is lady and it causes great amount of inconvenience for her to appear and attend the court proceedings at Ayodhya (Faizabad) on each and every date

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fixed therein. It is further submitted that it is extremely difficult for the applicant to travel from Jaunpur to Ayodhya along with girl child to attend each and every date fixed in the case instituted by the opposite party at Ayodhya and thus the case, which is pending at Ayodhya, be transferred to the court of competent jurisdiction at Jaunpur.

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I have considered the facts and circumstances of the case, it could not be disputed that the applicant is residing at her parental house at Jaunpur along with a girl child. Two cases have been instituted by the applicant against the opposite party and both these cases are pending in competent courts at Jaunpur while the instant case pertaining to Section 9 of the Hindu Marriage Act has been instituted by the opposite party at Ayodhya. Thus this Court is of the considered opinion that while considering the transfer of cases from one district to another, specially in matrimonial cases, the comparative hardship of the parties is required to be considered and convenience of the lady (wife) is also to be taken due care of. The view of this Court is fortified by the law laid down by the Hon'ble Supreme Court in the cases of Leena Mukherjee vs. Rabi Shankar Mukherjee , 2002 (10) SCC 480, Pratibha Khemka vs. Sanjay Kumar Khekma; 2004 (13) SCC 686 and Neelam Kamar vs. Devendra Singh Kamar ; 2000 (10) SCC 589 .

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Keeping in view all the facts and circumstances of the case, this Court is of the considered view that the ends of justice would be served if the aforementioned case instituted by the opposite party pending at Ayodhya (Faizabad) is transferred to the competent court at Jaunpur.

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Thus, for the reasons aforesaid, the instant transfer application moved by the applicant is allowed and the Case No.383 of 2021, under Section 9 of the Hindu Marriage Act, titled as ' Sunil Kumar Kanaujiya vs. Smt. Reena ', pending before the court of the Principal Judge, Family Court, Ayodhya (Faizabad) is transferred to the court of the Principal Judge, Family Court, Jaunpur for being disposed of strictly in accordance with law. The Principal Judge, Family Court, Ayodhya (Faizabad) is directed to transmit the record of the above mentioned case to the Principal Judge, Family Court, Jaunpur immediately along with copy of the instant order and the transfree court on receipt of the record, along with a copy of the instant order, shall dispose of the case with expedition without granting unnecessary adjournments to either party.

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Order Date :- 3.2.2022 Anupam S/-

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Digitally signed by MOHAMMAD FAIZALAM KHAN Date: 2022.02.03 17:32:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad, Lucknow Bench

Smt. Renu Kanaujiya v. State of U.P. and Another

Case brief

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Smt. Renu Kanaujiya v. State of U.P. and Another

Case brief

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