SMT LAKSHMI @ LAKSHMI YADAV v. SUBHAS CHANDRA YADAV
TACL/204/2025 · 2025-05-21
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34219 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34219 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:86994 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 204 of 2025 Applicant :- Smt Lakshmi @ Lakshmi Yadav Opposite Party :- Subhas Chandra Yadav Counsel for Applicant :- Ankita Tiwari,Ravitendra Pratap Singh Chandel Hon'ble Saral Srivastava,J.
Order on Order Sheet. In view of office report dated 21.05.2025, 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 revised call.
3. The present application has been filed by the applicant-wife seeking transfer of Original Case No.63 of 2025 (Subhash Chandra Yadav Vs. Smt. Lakshmi @ Lakshmi Yadav) under Section 9 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Basti to the Family Court, Kanpur Nagar.
4. It is submitted by the learned counsel for the applicant that applicant alongwith her minor child is residing at Kanpur Nagar. 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 Kanpur Nagar to Basti to contest the case instituted by opposite party at Basti 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 Basti 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 Basti to District Kanpur Nagar.
7. Accordingly, the Original Case No.63 of 2025 (Subhash Chandra Yadav Vs. Smt. Lakshmi @ Lakshmi Yadav) under Section 9 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Basti is transferred to the Court of Principal Judge, Family Court, Kanpur Nagar.
8. The Principal Judge, Family Court, Basti is directed to remit the record of the aforesaid case to the Court of Principal Judge, Family Court, Kanpur Nagar for its disposal.
9. The Transfer Application is allowed with no order as to costs.
Order Date :- 22.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad