RUCHI RAWAT Vs. PRINCIPAL JUDGE, FAMILY COURT ETAH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Order dtd. 31/3/2022 in Transfer Application (Civil) No.517 of 2018 whereby the High Court of Judicature at Allahabad has rejected the petition filed by the appellant-wife seeking transfer of Original Suit No.23 of 2018 filed by her husband (respondent No.2 herein) before the Principal Judge, Family Court, Etah, Uttar Pradesh to Principal Judge, Family Court, Mathura, Uttar Pradesh.

(3.) Respondent No.2 had filed Original Suit No.23 of 2018 under Sec. 13 of the Hindu Marriage Act against the appellant at Etah. The appellant had also filed certain cases against the respondent no.2 at different courts in Mathura and the respondent no.2 had also filed an FIR against the appellant at Etah. The case put forth by the appellant before the High Court is that she being a lady is not in a position to travel all the way from Mathura to Etah in order to prosecute the case filed by the respondent no. 2 at Etah. It is further contended that the appellant has no source of income and she is residing with her parents in Mathura and she is financially and emotionally dependent on them and that she is surviving on the mercy of her parents. It is also alleged that she was threatened by the respondent no.2 and his brother while she was returning from Etah to Mathura after appearing before the Court on 19/2/2018. No doubt, the said allegation was denied by the respondent no.2.