DIVYA Vs. KULDEEP KUMAR DWIVEDI

JUDGEMENT

(1.) This is a transfer application by the wife, seeking transfer of Case No. 358 of 2018, Kuldeep Kumar Dwivedi v. Smt. Divya, under Sec. 13 of the Hindu Marriage Act, 1955 from Court of the Principal Judge, Family Court, Banda to the Family Court at Kanpur Nagar.

(2.) Heard Mr. Anil Kumar Srivastava, learned Counsel for the applicant and Ms. Priyanka Singh, learned Counsel appearing on behalf of the opposite party.

(3.) It is pointed out by learned Counsel for the applicant that there are two cases inter partes pending at Kanpur Nagar, details whereof are mentioned in Paragraphs Nos. 7 and 12 of the affidavit filed in support of the application. The submission is that in case the proceedings are moved from Banda to Kanpur Nagar, it would be convenient to both parties, who can request a single date there. It is next submitted that the applicant is a housewife and has no independent source of income. She stays with her father and a young son aged 10 years, whom she has to take care of. It is argued that given the financial constraints, it is not possible for the applicant to defend outstation proceedings at Kanpur Nagar, travelling on each date fixed from Banda to that station and back. It is pointed out that the opposite party is an Assistant Professor in the D.A.V. College, Gorakhpur and draws a salary of Rs.1,40,000.00 per month. The aforesaid fact is asserted in Paragraph No. 18 of the affidavit filed in support of the application. It is next submitted that the opposite party, who is an ablebodied man and financially well-off, can conveniently defend at Banda. He is far better placed than the applicant in the matter of defending outstation proceedings. It is also submitted that convenience of the wife, in causes matrimonial, has to be accorded primacy.