Allowed

Reshmi Vishwas v. Prosenjit Rai

Allahabad HC9 Apr 2024TACL/46/2024

Case brief

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What is this about?

Wife sought transfer of husband's Section 9 Hindu Marriage Act restitution case from Sultanpur to Raebareli Family Court, citing her lack of income and distance. Relying on Supreme Court precedent that the lady's convenience governs matrimonial proceedings, the High Court allowed transfer.

What the court decided

AI extract

Reshmi Vishwas vs Prosenjit Rai — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:48234

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 46 of 2024

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Applicant :- Reshmi Vishwas Opposite Party :- Prosenjit Rai Counsel for Applicant :- Vijay Bhan Pandey Counsel for Opposite Party :- Manjeet Singh,Arpit Singh

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Hon'ble Manish Kumar,J.

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The present transfer application has been preferred by the applicant Reshmi Vishwas for transfer of the proceedings under Section 9 of the Hindu Marriage Act, 1955, bearing Case No. 300 of 2023 titled as Prosenjit Rai versus Reshmi Vishwas, which is pending before the Learned Principal Judge of the Family Court, Sultanpur to the Learned Principal Judge of the Family Court, Raebareli.

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It is further submitted that the applicant/wife has no source of income and is residing with her father, who has no definite income and it is very difficult for her to attend the proceedings at Sultanpur from Raebareli, which is more than 100 kms. from one side.

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It is further submitted that if the husband is ready to pay the expenses to the applicant for attending the proceedings at Sultanpur, she can manage to attend the proceedings at Sultanpur.

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Learned Counsel for the applicant places reliance on the judgments of Hon'ble Supreme Court in the cases of N.C.V. Aishwarya Vs. A.S. Saravana Karthi Sha reported in (2022) SCC OnLine SCC 1199, Pratibha Khemka Vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686 and Neelam Pathak Vs. Alok Kumar Bharti reported in (2004) 13 SCC 687, wherein it has been held that convenience of the lady should be kept in mind in matrimonial proceedings.

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On the other hand, Shri Arpit Singh, learned counsel for respondent/husband has submitted that the respondent is not in a position to pay the expenses to the petitioner and the matter may be transferred to Raebareli.

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After hearing learned counsel for the parties and going through the record of the case and the judgments relied upon by learned counsel for the petitioner, wherein Hon'ble Supreme Court has held that convenience of lady should be kept in mind in the matters of matrimonial disputes, squarely covers the case of the present applicant.

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In view of the aforesaid, the writ petition is allowed .

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Let the case bearing Case No. 300 of 2023 under Section 9 of the Hindu Marriage Act, 1955 titled as Prosenjit Rai versus Reshmi Vishwas, pending before the Learned Principal Judge of the Family Court, Sultanpur be transferred to the Learned Principal Judge of the Family Court, Raebareli within a period of six weeks from the date of receipt of certified copy of this order.

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Order Date :- 16.7.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Reshmi Vishwas v. Prosenjit Rai

Case brief

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Reshmi Vishwas v. Prosenjit Rai

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