DIPTI SAXENA Vs. ASHISH SRIVASTAV

JUDGEMENT

(1.) The present application has been filed by the estranged wife of respondent no.1 seeking transfer of divorce proceeding Case No.339 of 2019 (CNR No.UPGB020005942019), Ashish Srivastava Vs. Smt. Dipti Saxena, pending in the Court of the Principal Judge, Family Court, Gautam Budh Nagar, to the competent court at Shahjahanpur.

(2.) Briefly, it has been submitted that marriage between the parties was solemnized on 20/2/2017, at Shahjahanpur. Thereafter, for sometime the parties resided at Gautam Budh Nagar. Upon differences having arisen, the applicant was turned out of her matrimonial home, in December, 2018. Since then she has been residing with her father at Shahjahanpur. She further claims to have instituted three proceedings - first, under Sec. 125 Cr.P.C. on 2/4/2019 registered as Case No.145 of 2019 pending before the Principal Judge, Family Court, Shahjahanpur; second, a complaint case under Sec. 12 of the Domestic Violence Act, 2005 filed on 17/4/2019, registered as Case No.904 of 2019 pending before the C.J.M., Shahjahanpur and third F.I.R. lodged on 8/10/2019, registered as Case Crime No.535 of 2019, alleging commission of offences under Ss. 498-A, 323, 506 I.P.C. and Sec. 3/4 D.P. Act, at Shahjahanpur.

(3.) In the above context, it has been submitted that no maintenance allowance is being paid to her by the respondent husband at present and, she is wholly dependent on her aged father both for her day to day expenses and also to litigate with the respondent, her husband. As such she is not in a position to afford her travel, stay and litigation expenses, if she has to travel to Gautam Budh Nagar on every date in the divorce case proceeding. As to the participation in the proceeding, it has been submitted that the respondent husband is not participating in the three proceedings instituted by her at Shahjahanpur.