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Neutral Citation No. - 2025:AHC:87371 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 240 of 2025 Applicant :- Smt Shivani Arora Opposite Party :- Yogesh Kumar Arora Counsel for Applicant :- Garima Singh,Rishi Bhushan Jauhari 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 repeated calls. 3. The present application has been filed by the applicant-wife seeking transfer of Case No.329 of 2020 (Yogesh Kumar Arora Vs. Smt. Shivani Arora), under Section 9 of Hindu Marriage Act alongwith its Misc. Case No.184 of 2024 (Smt. Shivani Arora Vs. Yogesh Kumar Arora), under Section 24 of Hindu Marriage Act, pending in the Court of Additional Principal Judge, Family Court No.3, Bareilly to the Court at Shahjahanpur. 4. It is submitted by the learned counsel for the applicant that applicant alongwith her minor child is residing at Shahjahanpur whereas opposite party has instituted the proceeding under Section 9 of Hindu Marriage Act at Bareilly. It is submitted that the distance from Shahjahanpur to Bareilly is 72 Kms. 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 Shahjahanpur to Bareilly to contest the case instituted by opposite party at Bareilly 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 Bareilly, 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 Bareilly to Shahjahanpur. 7. Accordingly, the Case No.329 of 2020 (Yogesh Kumar Arora Vs. Smt. Shivani Arora), under Section 9 of Hindu Marriage Act alongwith its Misc. Case No.184 of 2024 (Smt. Shivani Arora Vs. Yogesh Kumar Arora), under Section 24 of Hindu Marriage Act is transferred to the Court of Principal Judge, Family Court, Shahjahanpur. 8.
The Principal Judge, Family Court, Bareilly is directed to remit the record of the Case No.329 of 2020 (Yogesh Kumar Arora Vs. Smt. Shivani Arora), under Section 9 of Hindu Marriage Act alongwith its Misc. Case No.184 of 2024 (Smt. Shivani Arora Vs. Yogesh Kumar Arora), under Section 24 of Hindu Marriage Act to the Court of Principal Judge, Family Court, Shahjahanpur for its disposal. 9. The Transfer Application is allowed with no order as to costs.
Order Date :- 22.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad