GARIMA TRIPATHI Vs. SUYASH SHARMA

JUDGEMENT

(1.) This is a transfer application preferred by the applicant-wife, under Sec. 24 of the Code of Civil Procedure, 1908. The applicant seeks transfer of pending Petition No. 689 of 2020, Suyash Sharma Vs. Smt Garima Tripathi, under Sec. 10 read with Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Kanpur Nagar to the Family Court, Prayagraj.

(2.) Parties were married according to Hindu rites on 2/6/2017. Shorn of unnecessary details it would be suffice to notice for the purpose of the present transfer application that the applicant and the opposite party, Suyash Sharma, her husband, have turned an estranged couple. Whatever be the issues between them, the opposite party has filed a petition under Sec. 10 read with Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 against the applicant.

(3.) The applicant completed her M.B.B.S course in the year 2012 and is currently a resident doctor at Kamla Nehru Memorial Hospital at Prayagraj. The applicant got herself enrolled in the course of Diplomate in Obstetrics and Gynaecology (for brevity hereinafter referred to as "DGO") under the National Association for the Reproductive and Child Health of India- Indian College of Maternal and Child Health on 6/7/2019 at Kamala Nehru Memorial Hospital, Prayagraj. The applicant has also applied for the post of Medical Officer in Kamala Nehru Memorial Hospital to discharge her professional duties after the completion of her diploma. The applicant is getting a monthly stipend of Rs.10,000.00, out of which she pays the rent, mess fee and electricity bill. It is contended that the applicant being a young woman cannot travel to district Kanpur, which is about 200 Kms. from district Prayagraj, to defend the proceedings with no one to escort her as she lives alone at Prayagraj.