Kuhu Banerjee vs Sanjeev Rai Chaudhary and Another

Shishir Kumar, J.—This is an application for transfer under Section 24 of the Hindu Marriage Act filed by the wife. The petitioner and the opposite party were married on 23.2.2004. After some time there was a difference between the parties and due to the attitude of the inlaws when she was pregnant, she was deserted from the house of the respondent. The petitioner is presently living at Lakhimpur Kheri with her parents and she has got no livelihood and independent source of income. Respondent No.1 made an application under Section 9 of the Act against the petitioner at Firozabad. This application has been filed only on the ground that as the petitioner has been deserted and she is living at Lakhimpur Kheri with her parents, therefore, she has got no source of income to visit at Firozabad on each and every date. Further the petitioner is also having a daughter of 45 years.

As the petitioner was not being maintained by respondent No.1, as such, she has already made an application in the Court of Lakhimpur Kheri for maintenance under Section 125 Cr.P.C. which is still pending for consideration.

In such circumstances, a request has been made to transfer the case from Firozabad to Lakhimpur Kheri. This Court on 25.4.2008 while entertaining the application had stayed the further proceedings pending before the opposite party No.2 in Suit No.43 of 2008.

A counter affidavit has been filed and on earlier occasion this Court had directed the parties to appear before this Court. Both the parties are present. But from the attitude of the parties it does not appear that there is any chance of compromise between the parties. Therefore, in such circumstances, the transfer application is being disposed of.

After hearing the learned counsel for the parties, as the balance of convenience and sympathy is always with the wife as held by the Apex Court in the case of Sumita Singh v. Kumar Sanjay and another, reported in (2001) 10 SCC 4, consideration of convenience of wife has to be seen and on the fact as the wife is residing at a different place, therefore, it will be appropriate in view of the aforesaid judgment to transfer the case as prayed by the applicant.

In the result, the transfer application is allowed and Suit No.43 of 2008 filed by respondent No.2 pending before Civil Judge (Senior Division) Firozabad stands transferred to District Judge, Lakhimpur Kheri.

No order is passed as to costs.

(Petition allowed)