Mrs. Sangeeta Chandra,J.

1. Shri Girijesh Kumar Dwivedi is present for the applicant. Shri Amitabh Tripathi, who appears on behalf of the respondent.

2. Learned counsel for the applicant has argued on the merits of the case saying that the petitioner after having been married to Shri Neeraj Tripathi, the respondent shifted to her matrimonial house but was treated with cruelty both by the respondent and his family members. The petitioner having been ill treated lodged the First Information Report under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act against the opposite party and in her laws at Police Station Mahila Thana, District Rae Bareli on 07.09.2020.

3. As a counterblast, the opposite party also lodged the F.I.R. under Sections 147, 504, 506, 406 I.P.C. against the applicant on 09.01.2021 at Police Station Kotwali Nagar, District Rae Bareli. The applicant is presently living at Chitrakoot with her parents and she has got no livelihood and independent source of income, as such, she was unable to maintain herself. Therefore, she has made an application bearing Case No.18/2020 in the court of Principal Judge, Family Court, Chitrakoot for maintenance under Section 125 Cr.P.C. which is pending for consideration. The applicant also filed another application under Section 12 of the Protection for Women from Domestic Violence Act, 2005, bearing Case No.85/2020 which is pending in the court of Additional Chief Judicial Magistrate, Chitrakoot, since February, 2020.

4. It has been submitted by the learned counsel for the applicant that after deriving knowledge of the filing of the said case an application has been filed under the Domestic Violence, the opposite party has filed a case for Divorce under Section 13 of the Hindu Marriage Act, bearing Case No. 2467/2020 in the court of Principal Judge, Family Court, Rae Bareli on 12.03.2020 wherein notice was issued to the petitioner. It has been submitted by the learned counsel for the applicant that father-in-law of the applicant Shri Vijay Shanker Tripathi is a Steno in Civil Court, Rae Bareli and he shall exercise his influence in getting the proceedings for divorce decided in favour of the respondent. Moreover, the applicant apprehends threat to her life if she attends the Court at Rae Bareli.

5. Learned counsel for the Respondent has referred to the counter affidavit filed by him on 11.11.2020 wherein he has taken a specific ground that the parents of the petitioner lived at Rae Bareli and the petitioner also lives at Rae Bareli. She had received the summons/notice of the case pending in the Rae Bareli court at her address of Rae Bareli as her father is working as Pharmacist in Community Health Center, Maharajganj/Harchandpur, Rae Bareli.

6. It has been also submitted by the counsel for the respondent that the respondent also faces threat to his life if he goes to Chitrakoot in response to the Domestic Violence application and maintenance application pending at Chitrakoot.

7. Learned counsel for the applicant says that as per the settled law of Hon'ble the Supreme Court it is the Lady's convenience which has to be seen in such matters also. It has been submitted that the father of the petitioner is in a transferable job at Rae Bareli and her permanent residence is in Chitrakoot and if the father of the petitioner is transferred to some other place it shall be difficult for her to contest the case at Rae Bareli.

8. This Court finds that the application for maintenance and the application under Domestic Violence Act have been filed at Chitrakoot by the petitioner before the Suit under Section 13 of the Hindu Marriage Act has been filed by the respondent at Rae Bareli. The permanent address/parental house of the applicant is at Chitrakoot, it would be appropriate that the case pending at Rae Bareli is transferred to Chitrakoot.

9. The application is allowed.

10. The Case No.246/2020 shall stand transferred to the Court of Principal Judge, Family Court, Chitrakoot forthwith.