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Neutral Citation No. - 2025:AHC:70154 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 970 of 2024 Applicant :- Smt. Reena Kumari Opposite Party :- Pramod Kumar Counsel for Applicant :- Utkarsha Shukla Hon'ble Neeraj Tiwari,J.
1. Heard Sri Utkarsha Shukla, learned counsel for the applicant and Sri Satish Chandra Tiwari, learned counsel for the opposite party. 2. Learned counsel for the applicant submitted that applicant is wife of opposite party and residing at Bareilly and opposite party has filed Matrimonial Case No.14 of 2023, under Section 13 of Hindu Marriage Act before Principal Judge, Family Court, Badaun, which is around 51 kilometers away from District Bareilly, therefore, it is very difficult for her to attend the Court roceedings at District Badaun 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. 3. Sri Satish Chandra Tiwari, learned counsel for the opposite party has not disputed the aforesaid legal and factual submissions made by learned counsel for the applicant and submitted that present application may be allowed but direction may be issued to decide the aforesaid case expeditiously. 4. I have considered rival submissions advanced by learned counsels for parties 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 The proceeding of Matrimonial Case No.14 of 2023 is withdrawn from the Principal Judge, Family Court, Badaun. The Principal Judge, Family Court, Badaun is directed to transmit the record of Case No.14 of 2023 to Principal Judge, Family Court, Bareilly 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, Bareilly or other Additional Judge as per the Rules of the Family Court. Order Date :- 2.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad