Court No. - 6

Case :- TRANSFER APPLICATION (CIVIL) No. - 311 of 2022

Applicant :- Smt. Shweta Gupta

Opposite Party :- Vishal Gupta

Counsel for Applicant :- Sanjive Kumar Gupta

Hon'ble J.J. Munir,J.

Notice issued to the opposite party vide order dated 19.05.2022 by

registered post has led to the following return, indicated in the Office Report

dated 22.09.2022 :

22/09/2022

As per record, notice is issued to sole

respondent through RPAD fixing 11/07/22 as

under

Registered post

Undelivered cover has been received back with

post office remark as “

प्राप्तका

नह

मिल

अधूरा

पा",

also no one put in appearance.

The TA is put up for order

Sd/-

(Illegible)

2.

A perusal of the cause title of the present transfer application shows

that the address of the sole opposite party is shown as follows :

"Vishal Gupta, S/o Svi Satish Gupta, R/o R.C. - 205,

Vandana Enclave, Khova Colony, District Ghaziabad, U.P.

201002"

3.

The opposite party's address, as set forth in the cause title of Case No.

587 of 2021, under Section 13 of the Hindu Marriage Act, 1955, instituted

before the Principal Judge, Family Court, Ghaziabad, shows that his address

disclosed in the petition for divorce is the same as that shown in the cause

title of this application. Therefore, if the opposite party cannot be found on

the address given by himself in the original proceeding instituted before the

Family Court, it is evident that opposite party is trying to evade service

prima facie in connivance with the postal agency. Service upon the opposite

party is, therefore, held sufficient.

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4.

No notice need be issued further.

5.

Admit.

6.

Heard forthwith.

7.

The applicant, who is the wife, seeks transfer of Case No. 587 of

2021, Vishal Gupta v. Shweta Gupta, under Section 13 of the Hindu

Marriage Act, 1955, from the Principal Judge, Family Court, Ghaziabad to

the Family Court at Budaun.

8.

It is argued by learned Counsel for the applicant that two cases inter

partes are pending at Budaun, as detailed in Paragraph No. 13 of the

affidavit filed in support of the application. In case the present proceedings

are moved from Ghaziabad to Budaun, all the three cases can be

conveniently heard at the same station, which would permit ease of litigation

for both the parties. It is next submitted that the applicant has no source of

income and is facing financial hardship. She has a two-year-old daughter to

take care of. It is argued further that the applicant is entirely dependent, for

her financial and other means, upon her father, who is aged about 62 years.

There is no one to act as her escort on each date fixed before the Family

Court at Ghaziabad, when she would be required to travel to that station. It is

also urged that convenience of the wife about the venue in causes

matrimonial has to be accorded primacy.

9.

Since there is no counter affidavit filed on behalf of the opposite party,

the averments in the affidavit remain unrebutted.

10.

Upon hearing learned Counsel for the applicant, this Court finds that

two cases inter partes are pending at Budaun, one of which is an application

for maintenance under Section 125 of the Code of Criminal Procedure, 1973,

and the other a case under Section 498A Indian Penal Code, 1860 etc.

Details of these cases are mentioned in Paragraph No. 13 of the affidavit

filed in support of the present transfer application. The proceedings sought

to be transferred are a petition for divorce under Section 13 Hindu Marriage

Act, 1955 instituted before the Principal Judge, Family Court, Ghaziabad by

Transfer Application (Civil) No. 311 of 2022

Page 3 of 4

the husband. The husband has to appear, in any case, before the Court at

Budaun in connection with the two cases pending against him there. In the

circumstances, if the proceedings at Ghaziabad are transferred to Budaun,

where two cases are already pending, it would save much time and energy

for both parties and promote eas