Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 40387 (ALL)

SMT SHIKHA RANA v. MAYANK CHAUDHARY

TACL/242/2025 · 2025-05-21

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:86844 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 242 of 2025 Applicant :- Smt Shikha Rana Opposite Party :- Mayank Chaudhary Counsel for Applicant :- Rakesh Kumar Srivastava 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 Case No.434 of 2020, (Mayank Chaudhary Vs. Smt. Shikha Rana) under Section 09 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, District Bijnor to the Principal Judge, Family Court, Gautam Buddha Nagar. 4. It is submitted by the learned counsel for the applicant that applicant alongwith her minor child is residing at Gautam Buddha 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 Gautam Buddha Nagar to Bijnor to contest the case instituted by opposite party at Bijnor 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 Bijnor 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 Bijnor to District Gautam Buddha Nagar. 7. Accordingly, the Case No.434 of 2020, (Mayank Chaudhary Vs. Smt. Shikha Rana) under Section 09 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, District Bijnor is transferred to the Court of Principal Judge, Family Court, Gautam Buddha Nagar. 8. The Principal Judge, Family Court, Bijnor is directed to remit the record of the aforesaid case to the Court of Principal Judge, Family Court, Gautam Buddha 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