Itisha Gupta v. Shivam Gupta

Court No. - 35

Case :- TRANSFER APPLICATION (CIVIL) No. - 553 of 2024

Applicant :- Itisha Gupta Opposite Party :- Shivam Gupta Counsel for Applicant :- Ravikant Shukla

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Ravikant Shukla, learned counsel for the applicant and perused the record.

This transfer application has been filed by the applicant seeking transfer of Case No.258 of 2024 (Shivam Gupta Vs. Itisha Gupta) filed under Section 9 of Hindu Marriage Act from the court of Principal Judge, Family Court, Moradabad to the court of Principal Judge, Family Court, Kanpur Nagar.

It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant wife is presently residing in district Kanpur Nagar. The applicant had filed an application under Section 125 Cr.P.C. claiming maintenance in the court of Principal Judge, Family Court, Kanpur Nagar which was registered as Case No.1115 of 2024. The applicant has also filed a complaint against the opposite party under Section 12 of Domestic Violence Act in the court of Metropolitan Magistrate No.4/Judicial Magistrate, Kanpur Nagar which was registered as Case No.2634 of 2024. Both the cases filed by applicant are pending in the judgeship of Kanpur Nagar and the aforesaid petition under Section 9 of Hindu Marriage Act has been filed by opposite party on altogether incorrect facts in the court of Principal Judge, Family Court, Moradabad only to harass the applicant. The district Moradabad is much away from the district Kanpur Nagar. Lastly it is submitted that the applicant being deserted wife of opposite party having no source of income is facing great hardship to attend the court proceedings before the Principal Judge, Family Court, Moradabad.