Point of Law: In matrimonial cases, convenience of the wife is the dominating factor for justifying transfer of a matter.

JUDGMENT :

Vivek Varma, J.

1. This is a transfer application preferred by the applicant-wife, under Section 24 of the Code of Civil Procedure, 1908. The applicant seeks transfer of pending Petition No. 689 of 2020, Suyash Sharma Vs. Smt Garima Tripathi, under Section 10 read with Section 13(1)(i-a) of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Kanpur Nagar to the Family Court, Prayagraj.

2. Parties were married according to Hindu rites on 02.06.2017. Shorn of unnecessary details it would be suffice to notice for the purpose of the present transfer application that the applicant and the opposite party, Suyash Sharma, her husband, have turned an estranged couple. Whatever be the issues between them, thopposite party has filed a petition under Section 10 read with Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against the applicant.

3. The applicant completed her M.B.B.S course in the year 2012 and is currently a resident doctor at Kamla Nehru Memorial Hospital at Prayagraj. The applicant got herself enrolled in the course of Diplomate in Obstetrics and Gynaecology (for brevity hereinafter referred to as “DGO”) under the National Association for the Reproductive and Child Health of India-Indian College of Maternal and Child Health on 06.07.2019 at Kamala Nehru Memorial Hospital, Prayagraj. The applicant has also applied for the post of Medical Officer in Kamala Nehru Memorial Hospital to discharge her professional duties after the completion of her diploma. The applicant is getting a monthly stipend of Rs. 10,000/-, out of which she pays the rent, mess fee and electricity bill. It is contended that the applicant being a young woman cannot travel to district Kanpur, which is about 200 Kms. from district Prayagraj, to defend the proceedings with no one to escort her as she lives alone at Prayagraj.

4. A detail counter affidavit has been filed by the opposite party. It has been averred in the affidavit that the applicant-wife will stay at Prayagraj for a temporary period, that is, till the completion of her diploma. The instant transfer application has been filed only to delay and extend the divorce proceedings so instituted. It is also averred in the counter affidavit that the opposite party is an employee of Sharma Nursing Home. The opposite party has deposited all the fees of the applicant for the DGO course and is making regular payments to the applicant for her maintenance. It is further asserted that the opposite party is taking care of her old age parents, who are not keeping well. The opposite party also asserts that there is serious threat to his life at Prayagraj.

5. In the rejoinder affidavit, the applicant has denied the allegations as made in the counter affidavit. It is asserted that the opposite party is the Director of Sharma Nursing Home, Swaroop Nagar, Kanpur. The said nursing home has large number of employees and doctors. The opposite party is working in his own nursing home and can take leave as and when he desires. The father of the opposite party is also an M.D. in Anesthesia who can replace the opposite party, if needed, and also have a battery of staff and domestic help at their residence and, as such, in the absence of the opposite party his family can take good care.

6. I have considered the rival submissions advanced by the learned counsel appearing for the parties.

7. It is pertinent to state that there is no straight jacket formula that can be adopted in order to determine the transfer proceedings. It is not a mandatory rule that the transfer applications are always to be transferred for the asking of the wife, but at the same time, the wife, in situations where she is disadvantaged on recognized parameters, for the sake of equity, her interests are to be safeguarded. In the light of the above perception, the expenditure involved in travelling to Kanpur from Allahabad is not very relevant, as that can always be compensated by directing the husband to pay for the wife's