Court No. - 6

Case :- TRANSFER APPLICATION (CIVIL) No. - 227 of

2022

Applicant :- Smt. Sarita

Opposite Party :- Gyanendra Singh

Counsel for Applicant :- Mayank Singh

Hon'ble J.J. Munir,J.

Office report dated 26.07.2022 indicates that the opposite party

could not be found by the Postman despite sufficient inquiry.

The report further says that the addressee is working at the

Bhartiya Hospital Netra Chikitsalya, Sikarndra Rao, Hathras.

Be that as it may, the opposite party has disclosed his address in

the cause title of the petition for restitution of conjugal rights

under Section 9 of the Hindu Marriage Act filed before the

Principal Judge, Family Court, Kasganj as follows:

"Gyanendra Singh, aged about 44 years son of late Siyaram Singh,

resident of Mohalla Jay Jay Ram Gali, Purani Chakki(Kuncha Premwati),

Post Office and Police Station Kasganj, Tehsil and District Kasganj."

(translated from Hindi into English)

In the cause title of the present application, the opposite party's

address, where the notice was sent through the postal agency, is

the same. If the opposite party cannot be found at the address

that he has indicated in the proceedings instituted by him before

the Court below, service upon him must be held sufficient.

Accordingly, service of notice upon the sole opposite party is

held sufficient.

Case called on. Mr. Mayank Singh is present for the applicant.

No one appears on behalf of the opposite party.

Admit.

Heard forthwith.

Heard Mr. Mayank Singh, learned counsel for the applicant in

support of the application.

This is a transfer application moved by the wife seeking transfer

of Case No. 51 of 2022 Gyanendra Singh vs. Smt. Sarita under

Section 9 of the Hindu Marriage Act, 1955 from the Principal

Judge, Family Court, Kasganj to the Principal Judge, Family

Court, Agra.

The applicant and the opposite party are an estranged couple.

The applicant is the wife. She seeks transfer of the proceedings

above noted that have been instituted before the Family Court,

Kasganj under Section 9 of the Hindu Marriage Act. It is urged

by the learned counsel for the applicant that three cases inter

partes are already pending at Agra instituted by the wife. He

has drawn the attention of this Court to paragraph nos. 5, 6 and

7 of the affidavit filed in support of the application. It is pointed

out by the learned counsel for the applicant that the husband has

already put in appearance before the Court at Agra in two of the

cases instituted there, on 10.02.2022. He submits that in case

the present proceedings are moved from Kasganj to Agra, it will

be convenient to both the parties, inasmuch as the husband-

opposite party has to appear before the Court at Agra in any

case. If the present proceedings are transferred, both the parties

can request the Court(s) concerned to fix a single date. It is also

pointed that the applicant does not have means of sustenance

and has to keep her body and soul together besides providing

for her minor daughter aged about 10 years, both of whom are

financially dependent upon the applicant's father. She does not

receive any maintenance from her husband. It is, therefore,

impossible for her to travel from Agra to Kasganj on each date

scheduled before the Family Court there and defend

proceedings. In case she is compelled to defend at Kasganj, her

case would be substantially prejudiced. It is on these terms that

the applicant seeks transfer of proceedings under reference from

Kasganj to Agra.

Since, the opposite party has not put in appearance or filed a

counter affidavit, the allegations in the affidavit remain

unrebutted.

It is trite law that in a case, where multiple proceedings at the

instance of the wife are pending at one station and another

proceeding instituted by the husband at a different station, it is

convenient and in the interest of both parties to transfer the case

instituted by the husband, where the wife requests. This is a

station, where three other cases brought