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2025 DAILYLAW 14324 (ALL)

SMT NIDHI KANSAL v. PRASHANT KUMAR VAISHYA

TACL/70/2025 · 2025-05-19

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84979 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 70 of 2025 Applicant :- Smt Nidhi Kansal Opposite Party :- Prashant Kumar Vaishya Counsel for Applicant:- Rakesh Kumar Singh,Sanjay Vikram Singh Hon'ble Saral Srivastava,J. Order on Order Sheet. In view of office report dated 19.05.2025, the service of notice upon respondent is deemed sufficient. Order on Transfer 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.450 of 2023 (Prashant Kumar Vaishya Vs. Smt. Nidhi Kansal), under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, District Farrukhabad to the Court of Principal Judge, Family Court, District Etawah. 4. It is submitted by the learned counsel for the applicant that three proceedings have been instituted by the applicant against the opposite party at Etawah whereas opposite party has instituted the proceeding under Section 13 of Hindu Marriage Act at Farrukhabad. 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 Etawah to Farrukhabad to contest the case instituted by opposite party at Farrukhabad 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 Farrukhabad, 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 Farrukhabad to District Etawah. 7. Accordingly, the Case No.450 of 2023 (Prashant Kumar Vaishya Vs. Smt. Nidhi Kansal), under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, District Farrukhabad is transferred to the court of Principal Judge, Family Court, Etawah. 8. The Principal Judge, Family Court, Farrukhabad is directed to remit the record of the Case No.450 of 2023 (Prashant Kumar Vaishya Vs. Smt. Nidhi Kansal), under Section 13 of the Hindu Marriage Act to the Court of Principal Judge, Family Court, Etawah for its disposal. 9. The Transfer Application is allowed with no order as to costs. Order Date :- 20.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad