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Neutral Citation No. - 2025:AHC:90224 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 498 of 2024 Applicant :- Smt Sangeeta @ Babli Opposite Party :- Santosh Kumar Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- Pankaj Dwivedi Hon'ble Saral Srivastava,J.
1. Heard Sri Arun Kumar Singh, learned counsel for the applicant and Sri Pankaj Dwivedi, learned counsel for the opposite party. 2. The present application has been filed by the applicant-wife seeking transfer of Marriage Petition No.2398 of 2023 (Santosh Kumar Vs. Smt. Sangeeta @ Babli) under Section 13 of Hindu Marriage Act pending in the Court of Additional Principal Judge, Family Court-I, District Agra to the Principal Judge, Family Court, Jhansi. 3. It is submitted by the learned counsel for the applicant that applicant alongwith her minor child aged about 2.5 years, is residing at Jhansi. 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 Jhansi 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. 4. Sri Pankaj Dwivedi, learned counsel for the opposite party submits that he has no objection if the case is transferred from Agra to Jhansi. 5. 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. 6. In view of the aforesaid fact, the Marriage Petition No.2398 of 2023 (Santosh Kumar Vs. Smt. Sangeeta @ Babli) under Section 13 of Hindu Marriage Act pending in the Court of Additional Principal Judge, Family Court-I, Agra is transferred to the Court of Principal Judge, Family Court, Jhansi. 7.
The Additional Principal Judge, Family Court-I, Agra is directed to remit the record of the aforesaid case to the Court of Principal Judge, Family Court, Jhansi for its disposal. 8. The Transfer Application is allowed with no order as to costs. Order Date :- 27.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad