SARITA VARMA Vs. ADITYA KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The instant application under Sec. 24 of Code of Civil Procedure has been moved by the petitioner seeking transfer of Case No. 818 of 2021 (Aditya Kumar Vs. Sarita Verma) filed under Sec. 13 Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Lakhimpur Kheri to the appropriate Court in District Lucknow.

(3.) Submission of learned counsel for the petitioner is that the petitioner and the respondents were married on 30/11/2016. A male child was also born from the said wedlock, however, on account of the quarrelsome nature of the respondent the relations between the petitioner and the respondent were never cordial. The petitioner was subjected to harassment as she had to leave her matrimonial home. She has also filed an application under Sec. 9 of Hindu Marriage Act and since the matter was referred to mediation where the petitioner had expressed her unwillingness to stay with the respondent consequently the said petition was withdrawn. The petitioner is an Assistant Teacher and is posted in District Barabanki and she is residing in Lucknow along with her parents with her minor five years old son. It is urged that it is difficult for the petitioner to contest the proceedings in Lakhimpur Kheri as the petitioner has to take care of her duties as well as her duties towards her minor child. It is further pointed out that the respondent has instituted the proceedings at Lakhimpur Kheri seeking a decree of divorce under Sec. 13 of Hindu Marriage Act and endeavour is to ensure that the petitioner may not be effectively able to pursue her case. In the aforesaid circumstances it is necessary that the suit be transferred from Lakhimpur Kheri to Lucknow.