Ankita vs Principal Judge, Family Court, Varanasi and Another

Sibghat Ullah Khan, J.—Heard Shri M.A. Qadeer, learned Senior Counsel assisted by Shri H.V. Shastri, learned Counsel for the wife applicant.

Prayer made through this transfer application is that Suit No. 255 of 2013, Desk Deepak Azad y. Smt. Ankita. which is a divorce petition may be transferred from Family Court, Varanasi to Family Court, Ghaziabad. A First Information Report has been lodged by the wife applicant at Ghaziabad under section 498A and other section of I.P.C. and section 3/4 D.P. Act. In the F.I.R. apart from husband his old mother and father, sister and sister''s husband are also accused. If the applicant can drag her mother in law and father in law from Varanasi to Ghaziabad to contest the criminal case and in connection with the investigation thereof then there is no harm if she also goes from Ghaziabad to Varanasi to contest the case in question. Learned Counsel for the petitioner has cited an authority in Rajni Kumari v. Radhvender Sahay 2011 (11) SCC 176. In the said case no F.I.R. had been lodged by the wife. Divorce petition on the transfer application of the wife is usually transferred for the reason that the Court takes sympathetic view towards ladies. However, when wife has lodged F.I.R. against relations of the husband particularly her mother in law then the Sympathy of the Court tilts towards old motherinlaw and other relations of the husband and not the wife.

Transfer application is dismissed.