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Neutral Citation No. - 2025:AHC:61571 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 752 of 2024 Applicant :- Smt. Sakshi Goyal Opposite Party :- Kapil Agrawal Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- In Person Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicant and opposite party in person. 2. Present transfer application has been filed to transfer Case No. 1446 of 2023 from Principal Judge, Family Court, Moradabad to judgeship of Sambhal at Chandausi on the ground that she is residing at her parental house at Chandausi, District Sambhal, whereas, opposite party-Kapil Agrawal is residing at Moradabad where the case has been filed, which is about 60 kilo meteres away from District Sambhal, therefore, case may be transferred at there. He next submitted that applicant has also filed two cases being Case No. 5482 of 2018 and Case No. 140 of 2018, which are pending at Chandausi, District Sambhal. 3. Learned counsel for the applicant submitted that as the applicant is residing permanently at Chandausi, District Sambhal, therefore, case may be transferred at there. 4. Sri Kapil Agrawal, opposite party in person has filed counter affidavit. In the counter affidavit, opposite party has taken specific averment that applicant is a working woman and presently doing job at NOIDA and her annual salary is about 10 lakhs, therefore, contention so raised by learned counsel for the applicant is incorrect. In support of his contention, he placed reliance upon the statement of applicant given before the Family Court Chandausi, District Sambhal in Case No. 593 of 2019 under Section 125 Cr.P.C.
5. Rejoinder affidavit has been filed. In the rejoinder affidavit, it is admitted that applicant is a working woman doing job at NOIDA in hybrid mode and as and when required, she visit her rental house at NOIDA. 6. He further submitted that once the applicant may visit NOIDA even often, there is no occasion for her to not attend the court at Moradabad. As per own version of applicant Moradabad is only 60 kilometers away from Chandausi, District Sambhal coupled with this fact that she is a working woman earning around Rs. 10 lakhs per annum, therefore, this may not be a ground.
He also submitted that he himself is working at NOIDA and applicant also visits NOIDA for fulfilling her commitment of job, therefore, case may also be transferred at NOIDA. 7. I have considered the submission advanced by the by learned counsel for the applicant and opposite party in person and perused the record. 8. This fact is undisputed that applicant is a working lady earning Rs. 45,000/- per month and as per her own averment, applicant used to go to NOIDA for official purpose, therefore, it cannot be said that she is unable to visit Moradabad to attend her case, which is only 60 kilo meters away. 9. Under such facts of the case, I find no substance in the transfer application. Transfer application lacks merit and is hereby dismissed. 10. Principal Judge, Family Court, Moradabad is directed to decide Case No. 1446 of 2023 in accordance with law, maximum within a period of six months from the date of production of certified copy of this order without granting any adjournment to either of the parties. In case adjournment is granted, he shall record detailed reason for the same. Order Date :- 23.4.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad