HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 9
Case :- TRANSFER APPLICATION (CIVIL) No. – 371 of 2018
Applicant :- Ragini Gupta
Opposite Party :- Principal Judge, Family Court And 2 Others
Counsel for Applicant :- Vinod Kumar Srivastava,Siya Ram Verma,Usha Srivastava
Counsel for Opposite Party :- Shikhar Awasthi
Connected with
Case :- TRANSFER APPLICATION (CRIMINAL) No. – 341 of 2018
Applicant :- Smt. Ragini Gupta And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava
Counsel for Opposite Party :- G.A.,Sushil Shukla
and
Case :- TRANSFER APPLICATION (CRIMINAL) No. – 364 of 2018
Applicant :- Smt. Ragini Gupta And 7 Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava
Counsel for Opposite Party :- G.A.,Sushil Shukla
Hon’ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant in these three transfer applications. I have also heard counsel appearing for the opposite party-husband therein.
These three transfer applications seek transfer of three cases between the parties.
The Civil Transfer Application No. 371 of 2018 seeks transfer of a divorce petition filed by the husband at Bareilly to Farrukhabad.
Criminal Transfer Application No. 341 of 2018 seeks transfer of Case No. 76 of 2013, under Sections 403, Section451, Section504, Section427, Section506 IPC, Police Station Prem Nagar, District Bareilly, instituted by the applicant and her brother while Transfer Application (Criminal) No. 364 of 2018 seeks transfer of Case No. 450 of 2014 (State Vs. Smt. Ragini Gupta and others), under Sections 417, Section468, Section120B, Section504 IPC, Police Station Prem Nagar, District Bareilly. Both cases are sought to be transferred to Farrukhabad.
Primarily, these transfer applications have been filed on the ground of convenience and all the three cases are sought to be transferred to Farrukhabad on the ground that the applicant is residing at Farrukhabad. Her brothers have been implicated in false cases by the opposite party and therefore, they are unwilling to accompany the applicant to Bareilly for the pairvi of the three cases.
The transfer applications have been opposed on the ground that the applicant has, at least on 24 occasions attended the proceedings of the divorce petition at Bareilly and that earlier in time, no grievance had been raised by her either as regards the distance required to be covered by her or with regard to the conduct or behaviour of the opposite party.
It is also submitted that a specific averment has been made in the counter affidavit that on every occasion the applicant attended the proceedings at Bareilly, she was accompanied by one of her three brothers. It is stated that this fact has not been denied in the rejoinder affidavit.
It has also been submitted that the applicant has been granted to be Rs. 6,000/- per month on an application under Section 24 of the Hindu Marriage Act as expenses pendente lite and/or litigation expenses.
Referring to paragraph 18 of the counter affidavit filed in Transfer Application (Criminal) No. 364 of 2018, it has been submitted that pursuant to orders passed in proceedings under Section 125 Cr.P.C. for maintenance, the opposite party has till date paid a sum of approximately Rs. 1.4 lacs to the applicant as maintenance.
In rejoinder, counsel for the applicant has stated that the applicant is willing to forgo the sum of Rs. 6,000/- per month awarded to her on an application under Section 24 of the Hindu Marriage Act in case the transfer applications are allowed.
I have considered the submissions made by counsel for the parties and perused the record.
It is clear that a sum of Rs. 6,000/- has been awarded to the applicant vide order dated 10.07.2019 for litigation expenses and her maintenance pendente lite. This amount necessarily would have taken into consideration, the distance required to be covered by the applicant to attend the proceedings of the divorce petition at Bareilly.
Since the applicant is willing to forgo this amount in lieu of the three cases above, being transferred from Bareilly to Farrukhabad, this Court finds the offer to the eminently just and for this reason alone, these transfer applications are liable to be and are hereby allowed.
Case No. 120 of 2013 (Dhiraj Jindal Vs. Smt. Ragini Gupta), under Section 13 of the Hindu Marriage Act, Case No. 76 of 2013, under Sections 403, Section451, Section504, Section427, Section506 IPC and Case No. 450 of 2014 (State Vs. Smt. Ragini Gupta and others), under Sections 417, Section468, Section120B, Section504 IPC, shall stand transferred to District Farrukhabad, forthwith.
It is also provided that the applicant shall not be entitled to any payment in pursuance of the order dated 10.07.2019 on her application under Section 24 of the Hindu Marriage Act, as a statement has been made on her behalf that she is willing to forgo this amount, on these transfer applications, being allowed.
Order Date :- 24.7.2019
Mayank
