Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85009 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 192 of 2025 Applicant :- Smt. Preksha Mishra Opposite Party :- Amit Gautam Counsel for Applicant :- Mahendra Tripathi 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.600 of 2023 (Amit Gautam Vs. Smt. Preksha Mishra), under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, District Agra to the Court of Principal Judge, Family Court, District Aligarh. 4. It is submitted by the learned counsel for the applicant that applicant alongwith her aged parents is residing at Aligarh whereas opposite party has instituted the proceeding under Section 13 of Hindu Marriage Act at Agra. It is submitted that distance between Aligarh to Agra is about 150 kilometer, and the applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Aligarh to Agra to contest the case instituted by opposite party at Agra 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 Agra, 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 Agra to District Aligarh. 7. Accordingly, the Case No.600 of 2023 (Amit Gautam Vs. Smt. Preksha Mishra), under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, District Agra is transferred to the Court of Principal Judge, Family Court, Aligarh. 8. The Principal Judge, Family Court, Agra is directed to remit the record of the Case No.600 of 2023 (Amit Gautam Vs.
Smt. Preksha Mishra), under Section 13 of the Hindu Marriage Act to the Court of Principal Judge, Family Court, Aligarh 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