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2022 DIGILAW 1858 (ALL)

Sarita Verma v. Aditya Kumar

2022-11-24

JASPREET SINGH

body2022
JUDGMENT : 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The instant application under Section 24 of Code of Civil Procedure has been moved by the petitioner seeking transfer of Case No. 818 of 2021 (Aditya Kumar Vs. Sarita Verma) filed under Section 13 Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Lakhimpur Kheri to the appropriate Court in District Lucknow. 3. Submission of learned counsel for the petitioner is that the petitioner and the respondents were married on 30.11.2016. A male child was also born from the said wedlock, however, on account of the quarrelsome nature of the respondent the relations between the petitioner and the respondent were never cordial. The petitioner was subjected to harassment as she had to leave her matrimonial home. She has also filed an application under Section 9 of Hindu Marriage Act and since the matter was referred to mediation where the petitioner had expressed her unwillingness to stay with the respondent consequently the said petition was withdrawn. The petitioner is an Assistant Teacher and is posted in District Barabanki and she is residing in Lucknow along with her parents with her minor five years old son. It is urged that it is difficult for the petitioner to contest the proceedings in Lakhimpur Kheri as the petitioner has to take care of her duties as well as her duties towards her minor child. It is further pointed out that the respondent has instituted the proceedings at Lakhimpur Kheri seeking a decree of divorce under Section 13 of Hindu Marriage Act and endeavour is to ensure that the petitioner may not be effectively able to pursue her case. In the aforesaid circumstances it is necessary that the suit be transferred from Lakhimpur Kheri to Lucknow. 4. Learned counsel for the respondent on the other hand opposing the transfer application submits that the petitioner has already filed her written statement and had been contesting the proceedings. As soon as the matter was listed for cross examining the respondent witnesses that efforts were made to delay the proceedings and thereafter the application for transfer has been moved before this Court. It is urged that the respondent in any case is travelling from Lucknow to Barabanki to attend her duties. As soon as the matter was listed for cross examining the respondent witnesses that efforts were made to delay the proceedings and thereafter the application for transfer has been moved before this Court. It is urged that the respondent in any case is travelling from Lucknow to Barabanki to attend her duties. The petitioner has ample support system in her family as she is residing with her elder brother, his family and mother and father who are capable of handling her minor child apart from the fact that the respondent is ready and willing to pay the necessary expenses for the petitioner to travel from Lucknow to Lakhimpur Kheri on each date in advance. 5. It has also been submitted that since the matter is listed for cross examination of the respondent witnesses and in case if the petitioner cooperates the matter can be decided at the earliest. In the aforesaid circumstances the transfer at this stage may derail the trial and may not be very conducive and in the aforesaid circumstances the application for transfer be rejected. 6. Having considered the aforesaid submissions and from perusal of the material on record the very fact that the petitioner is a lady and she has difficulty in traveling may not detain this court for the reason that she is an Assistant Teacher and is posted at Barabanki and in any case she is traveling from Lucknow to Barabanki for her duties on daily basis. Even while going for her duties she must be leaving her child with her parents in District Lucknow and therefore it cannot be said that to attend the proceedings at Lakhimpur she would be disadvantaged at any stage. Even otherwise the respondent has shown his willingness to pay the charges for travel from Lucknow to Lakhimpur Kheri on each date and also noticing the fact that the matter is listed for cross examining the respondents witnesses. 7. Thus in the totality of circumstances this court is of the opinion that the instant application for transfer can be disposed of with a direction to the trial court to expedite the trial after affording opportunity of hearing to the parties but without granting unnecessary adjournments endeavour should be made to decide the matter preferably within a period of six months from the date a copy of this order is placed before the court concerned. 8. 8. Learned counsel for the parties have informed that the matter is listed before the trial court on 28.11.2022. Both parties are directed to appear before the court concerned and cooperate in early hearing. The respondent shall pay the petitioner and deposit an amount into her account which is quantified at Rs.2500/- and the respondent is directed to deposit the said amount at least forty eight hours before in the account of the respondent prior to each date fixed before the trial court towards traveling expenses. The petitioner shall ensure that no unnecessary adjournment is sought. Learned counsel for the petitioner shall inform learned counsel for the respondent as well as respondent of the account number of the petitioner where the amount shall be deposited. 9. With the aforesaid directions/observations, the transfer petition stands disposed of. 10. In the facts and circumstances, there shall be no order as to the costs.