Smt Shalini Vishvakarma v. Mukesh Vishvakarma

Court No. - 35

Case :- TRANSFER APPLICATION (CIVIL) No. - 506 of 2024

Applicant :- Smt Shalini Vishvakarma Opposite Party :- Mukesh Vishvakarma Counsel for Applicant :- Anant Kumar Mishra,Nitin Chopra

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Nitin Chopra, learned counsel for the applicant and perused the record.

This transfer application has been filed by the applicant seeking transfer of Divorce Case No. 842 of 2017 (Mukesh Vishwakarma Vs. Shalini Vishwakarma), under Section 13 of Hindu Marriage Act from the court of Additional Principal Judge, Family Court No. 3, Kanpur Nagar to the court of Principal Judge, Family Court, Allahabad.

It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties and the applicant-wife is presently residing in district Allahabad. Applicant has filed complaint Case No. 269 of 2020, under Sections 498-A, 354-B, 323, 504, and 506 I.P.C. in the court of ACJM, Court No. 2, Allahabad against opposite party and his family members. She has also filed a case under Domestic Violence Act in the court of ACJM, Court No. 2, Allahabad, which was registered as Case No. 270 of 2020. Applicant has also filed an application under Section 125 Cr.P.C. claiming maintenance, which was allowed by learned Additional Principal Judge, Family Court No. 5, Allahabad and the applicant has filed an application under Section 128 Cr.P.C. for execution of the said order which is pending in the court of Additional Principal Judge Family Court No. 5, Allahabad. It is further submitted that all the cases filed by the applicant are pending in the court of Principal Judge, Family Court, Allahabad. The present divorce petition has been filed by opposite party on altogether incorrect facts in the court of Additional Principal Judge, Family Court, Kanpur Nagar only to harass the applicant. District Kanpur is much away from district Allahabad. The applicant being deserted wife of opposite party, having no source of income is facing great hardship to attend the court proceedings in the court of Principal Judge, Family Court, Kanpur Nagar.