The Allahabad High Court has allowed the petition seeking transfer of Case under Section 10 of the Hindu Marriage Act pending in the court of the Principal Judge, Family Court, District Varanasi to the court of the Principal Judge, Family Court, District Gorakhpur.
A Single Bench of Justice Saral Srivastava passed this order while hearing a transfer application filed by Minakshi Srivastava.
It is submitted by the counsel for the applicant that a proceeding Section 125 of Cr.P.C has been instituted by the applicant against the opposite party at Gorakhpur whereas the opposite party has instituted the proceeding under Section 10 of Hindu Marriage Act at Varanasi.
It is further submitted that applicant is residing with her aged parents at Gorakhpur and distance between Gorakhpur to Varanasi is about 200 kilometre and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Gorakhpur to Varanasi to contest the case instituted by opposite party at Varanasi on each and every date fixed in the matter.
It is also submitted that the financial condition of the applicant is not good to do pairvi in the case.
Counsel for the applicant said that no amount towards maintenance is being paid to the applicant by the opposite party.
Counsel for the applicant further said that the balance of convenience also lay in favour of the applicant, and if the case is allowed to proceed at Varanasi, the applicant would suffer serious prejudice.
The opposite party has neither put in appearance nor filed any counter affidavit, therefore, the averments contained in the affidavit filed in support of the transfer application are unrebutted and they are being treated to be correct, the Court noted.
“It is settled in law that the convenience of the wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being experienced by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Varanasi to District Gorakhpur”, the Court observed while allowing the petition.
“Accordingly, the Case under Section 10 of the Hindu Marriage Act pending in the court of the Principal Judge, Family Court, District Varanasi is transferred to the court of the Principal Judge, Family Court, Gorakhpur.
The Principal Judge, Family Court, Varanasi is directed to remit the record of Case under Section 10 of the Hindu Marriage Act to the court of the Principal Judge, Family Court, Gorakhpur for its disposal”, the order reads.