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2025 DAILYLAW 110903 (ALL)

SMT ANCHAL SINGH v. SUSHIL KUMAR SINGH

TACL/981/2024 · 2025-07-15

Saral Srivastava

body2025

Judgment text

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Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 981 of 2024 Applicant :- Smt Anchal Singh Opposite Party :- Sushil Kumar Singh Counsel for Applicant :- Shailendra Kumar Singh Hon'ble Saral Srivastava,J. Order on Order-sheet:- In view of the Office report dated 12.03.2025, service of notice upon respondent is deemed sufficient. Order on Application:- 1. Heard learned counsel for the applicant. 2. No one appears on behalf of the opposite party even in repeated calls. 3. The present application has been filed by the applicant-wife seeking transfer of Case No.187 of 2022 (Sushil Kumar Singh Vs. Smt. Anchal Singh), under Section 13 (1) (A-1) of Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Mirzapur to the Court of Principal Judge, Family Court, District Varanasi. 4. It is submitted by the learned counsel for the applicant that the respondent is contesting three cases at District Court Varanasi namely (1) Criminal Case No.1865 of 2021, arising out of case crime No.243 of 2019 (2) Case under Section 125 Cr.P.C. and (3) Case No.433 of 2019, under Section 12 of Domestic Violence Act. It is submitted that the applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Varanasi to Mirzapur to contest the case instituted by opposite party at Mirzapur on each and every date fixed in the matter. It is further submitted that financial condition of applicant is not good to do pairvi in the case. It is further submitted that balance of convenience also lay in favour of the applicant, and if the case is allowed to be proceeded at Mirzapur, applicant would suffer serious prejudice. 5. The opposite party has neither appeared 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. 6. It is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being faced by the applicant- wife, it is a fit case where this Court should exercise its power to transfer the case from District Mirzapur to District Varanasi. 7. Accordingly, the Case No.187 of 2022 (Sushil Kumar Singh Vs. Smt. Anchal Singh), under Section 13 (1) (A-1) of Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Mirzapur is transferred to the Court of Principal Judge, Family Court, Varanasi. 8. The Principal Judge, Family Court, Mirzapur is directed to remit the record of the Case No.187 of 2022 (Sushil Kumar Singh Vs. Smt. Anchal Singh), under Section 13 (1) (A-1) of Hindu Marriage Act to the Court of Principal Judge, Family Court, Varanasi for its disposal. 9. The Transfer Application is allowed with no order as to costs. Order Date :- 16.7.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad