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Neutral Citation No. - 2025:AHC:39844 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 869 of 2024 Applicant :- Smt. Muskan Opposite Party :- Rajendra Singh Counsel for Applicant :- Sunil Kumar Kushwaha Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicant.
2. The case was heard on 26.11.2024 and Court had issued the notice to the opposite party. As per office report dated 08.01.2025 notice was served upon sole-opposite party through RPAD on 09.01.2025. Track consignment record is also taken on record, therefore, notice is treated to be sufficient.
3. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Farrukhabad and opposite party has filed Case No.186 of 2024 before Principal Judge, Family Court, Agra, which is around 200 kilometers away from District Farrukhabad, therefore, it is very difficult for her to attend the Court proceedings at District Agra on each date fixed and defend effectively. He lastly submitted that Apex Court has taken constant view that in such cases convenience of the wife has to be taken into consideration. In support of his contention, he has placed reliance upon the judgments of the Hon'ble Apex Court in the cases of Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41, Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356 respectively.
4. I have considered rival submissions advanced by learned counsel for the appellant and perused the records as well as judgments relied upon by counsel for applicant. Facts of the case are not disputed and controversy involved in the present case is squarely covered by the judgments relied upon by counsel for applicant.
5. Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No.186 of 2024 is withdrawn from the Principal Judge, Family Court, Agra. Principal Judge, Family Court, Agra is
directed to transmit the record of Case No.186 of 2024 to Principal Judge, Family Court, Farrukhabad within 15 days from the date of production of certified copy of this order. Thereafter, endeavour shall be made to decide the aforesaid case maximum within a period of six months as provided in Section 21-B of Hindu Marriage Act, 1955 by the Principal Judge, Family Court Farrukhabad or other Additional Judge as per the Rules of the Family Court.
Order Date :- 19.3.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad