Court No. - 9

Case :- TRANSFER APPLICATION (CIVIL) No. - 687 of

2021

Applicant :- Harvindar Kaur

Opposite Party :- Jasvir Singh Chhavra

Counsel for Applicant :- Sharad Chandra Upadhyay

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant.

Even after service of notice on 25.3.2022, no one has put in

appearance on behalf of opposite party. Therefore, under such

facts of the case, notice issued to opposite party is treated to be

sufficient.

Learned counsel for the applicant submitted that applicant is

wife of opposite party and residing at Varanasi and opposite

party no.2 has filed Case No. 114 of 2021 (Jasvir Singh

Chhavra vs. Harvindar Kaur) before Family Court, Kanpur

Nagar, which is around 340 kilometers away from District

Varanasi, therefore, it is very difficult for her to attend the Court

proceedings at District Kanpur Nagar on each date fixed and

defend effectively. He next submitted that other proceedings

i.e. Case Crime No. 75 of 2021, under Sections 498-A, 323,

504, 506, 377, 326, 511 IPC and 3/4 D.P. Act and Case No.

36067 of 2021, under Section 12 of Domestic Violence Act are

pending in District Varanasi. He further submitted that it is very

difficult for her to attend the Court proceedings at District

Kanpur Nagar on each date fixed and defend effectively. He

also submitted that Apex Court as well as many other Courts

have taken constant view that in such cases convenience of the

wife has to be taken into consideration. In support of his

contention, he has placed reliance upon the judgment of Apex

Court, Punjab and Haryana High Court, Madras High Court and

this Court in the cases of Sumita Singh Vs. Kumar Sanjay

reported in 2001 LawSuit(SC) 363, Sweety Vs. Anuj Garg

passed in T.A. No. 228 of 2014 decided on 11 August, 2015

and D. Kokila Vs. R. Dillibabu passed in Transfer C.M.P. No.

201 of 2016 decided on 4 October, 2016, Satyam Goyal vs.

Principal Judge, Family Court Gonda and others passed in

Application Nos. 93 & 119 of 2017 decided on 3.8.2018, Smt.

Dipti Saxena Vs. Ashish Srivastava and another passed in

Transfer Application (Civil) No. 567 of 2019 decided on

14.12.2020 and Swapnal Mishra vs. Saurabh Mishra passed in

Transfer Application (Civil) Nos. 152 of 2019 & 111 of 2021

decided on 4.2.2022 respectively. Lastly, he submitted that

recently this Court in the matter of Smt. Shakshi Agarwal vs.

Sri Ashutosh Agarwal allowed the transfer Application filed by

wife vide detailed judgment and order dated 4.2.2022

considering the different pronouncements made by the Apex

Court as well as High Courts.

I have considered the rival submissions advanced by the learned

counsel for the applicant and perused the record. From perusal

of the invitation card, it appears to be correct that two cases are

pending between the parties are at District Varanasi.

Therefore, under such facts and circumstances of the case, the

transfer application is allowed. The proceeding of Case No. 114

of 2021 (Jasvir Singh Chhavra vs. Harvindar Kaur) is

withdrawn from the Principal Judge, Family Court, Kanpur

Nagar. The Principal Judge, Family Court, Kanpur Nagar is

directed to transmit the record of Case No. 114 of 2021 (Jasvir

Singh Chhavra vs. Harvindar Kaur) to Principal Judge, Family

Court, Varanasi within 15 days from the date of production of

certified copy of this order. Thereafter, endeavour shall be made

to decide the aforesaid petition maximum within a period of six

months as provided in Section 21-B of Hindu Marriage Act,

1955 by the Principal Judge, Family Court, Varanasi or other

Additional Judge as per the Rules of the Family Court.

Order Date :- 1.4.2022

Junaid

Digitally signed by JUNAID AHMAD

Date: 2022.04.01 17:23:28 IST

Reason:

Location: High Court of Judicature

at Allahabad