HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 9
Case :- TRANSFER APPLICATION (CIVIL) No. – 470 of 2019
Applicant :- Himani Kulshestra
Opposite Party :- Deepak Sharma
Counsel for Applicant :- Arvind Srivastava
Counsel for Opposite Party :- Thakur Prasad Dubey,Pavan Kumar Kushwaha,Thakur Prasad Dubey
Hon’ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The instant transfer application is by the wife and seeks transfer of a petition under Section 25 of the Guardians and Wards Act filed by the husband at Agra. Transfer of this case is sought to District Aligarh on the ground of convenience.
Additionally, it has been submitted that as many as four cases filed by the applicant against the opposite party are pending consideration at Aligarh. They are, a case under Section 125 Cr.P.C. for maintenance, a case under the Domestic Violence Act and two criminal cases, one under Section 498IPC and other allied Sections and other under Sectio 406 IPC. It has also stated that the opposite party is attending the proceedings of these cases at Aligarh.
It has also been contended that the oppositeparty is seeking custody of a child regarding whose visitation rights have been granted to the opposite party and that he visits Aligarh on every weekend to meet the child.
Counsel appearing for the opposite party has opposed the transfer application on the ground that the applicant is not residing in Aligarh and no documentary proof of her residence at Aligarh has been appended in any of the proceedings.
The applicant and her family members, all are resident of Agra. She is residing with one Shiv Swaroop Saraswat at Agra.
Counsel appearing for the opposite party has also referred to the counter affidavit, especially the document on page 22 thereof, which is an order granting bail to the applicant in a case under Section 494, 498, 323, 504, 506 IPC in support of his contentions, bail has been granted.
I have considered the submissions made by counsel for the parties and perused the record.
The case sought to be transferred is pending consideration before the Family Court, Agra. It is not in dispute that as many as four cases filed by the applicant against the opposite party are also pending consideration at Aligarh including the case under Section 125 Cr.P.C. for maintenance.
Both the maintenance case as also the proceedings under the Guardians and Wards Act sought to be transferred by means of this petition are to be heard and decided by the Family Court.
Under the circumstances and since, no application for transfer of the proceedings under Section 125 Cr.P.C. have been instituted by the opposite party for its transfer from Aligarh and in my considered opinion, all the cases between the parties are liable to be heard and decided at one place, which will definitely be convenient for all concerned, especially the cases, which are heard and decided by the Family Court, this transfer application is liable to be and is hereby, allowed.
Case No.199 of 2019 (Deepak Sharma Vs. Smt. Himani), under Section 25 of the Guardians and Wards Act, pending before the Family Court, Agra shall stand transferred to District Aligarh with the stipulation that an identical date shall be fixed in the case as also in the proceedings under Section 125 Cr.P.C. for maintenance already pending at Aligarh.
Order Date :- 17.2.2020