Neutral Citation No. - 2025:AHC:137290 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 936 of 2024 Applicant :- Megha Shree Sharma Opposite Party :- Harsh Kamal Pathak Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- Mayank Chaturvedi,Surendra Kumar Chaubey Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Alok Shukla, learned counsel for applicant and Sri Surendra Kumar Chaubey, learned counsel for opposite party. 2. Brief facts of the case are that applicant is wife and opposite party is husband. The proceeding under Section 13 of the Hindu Marriage Act has been initiated at the instance of opposite party in the Family Court at Bareilly. 3. The instant transfer application has been filed on behalf of applicant/wife for the following reliefs:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to transfer case no. 1577 of 2024 Harsh Kamal Pathak Vs. Megha Shree Sharma under Section 13 of the Hindu Marriage Act pending in the Court of the learned Family Judge, Bareilly to the Court of the learned Principal Judge, Family Court, Sambhal situated at Chandausi." 4. This Court entertained the matter and stayed the proceeding of Divorce Petition. 5. In pursuance of the order of this Court, learned counsel for Opposite party has put in appearance and filed his counter affidavit. 6. Learned counsel for applicant submitted that in view of pendency of the proceeding between the parties at Bareilly, the Divorce Petition filed by opposite party/husband in Family Court at Bareilly should be transferred to Sambhal at Chandausi. He placed reliance upon paragraph nos. 14 to 19 of the affidavit in order to demonstrate that proceeding instituted by opposite party/husband in District Court, Bareilly should be transferred to Sambhal at Chandausi. 7. Sri S.K. Chaubey, learned counsel for opposite party/husband submitted that there is no ground to transfer the proceeding from Bareilly to Sambhal at Chandausi, as such the instant transfer application should be rejected. He further submitted that transfer application has been filed in order to linger on the proceeding of Divorce Petition, as such no interference is required in the matter. 8. I have considered the arguments advanced by the learned counsel for the parties and perused the records. 9. There is no dispute about the fact that Divorce Petition filed by opposite party/husband is pending in the Family Court at Bareilly. 10. In order to appreciate the controversy involved in the matter perusal of paragraph nos. 14, 15, 16, 17, 18 & 19 of the affidavit filed in support of the instant transfer application will be relevant, which are as under:- "14. That the distance from Bareilly to district Sambhal at Chandausi is about 110 kms. 15. That the opposite party has not paid even a single penny for survival of the applicant and her minor son, in any of the proceedings. 16. That the applicant is facing financial crunch and dependent upon her parents. In the month of March, 2023 the applicant started doing private work and working as a teacher for her survival and the survival of her minor son. 17. That on the other hand, the opposite party is working as Bank Manager in Bandhan Bnak, Bareilly. 18. That the proceeding of the case u/s 498A, 323, 504, 506 I.P.C. has been challenged by the opposite party before this Hon'ble Court and the matter was referred before the Mediation Centre of this Hon'ble Court and the mediation between the parties could not succeed. 19. That the opposite party is attending the proceedings of two cases i.e. case u/s 125 of Cr.P.C. and the case u/s 12 of the Protection of Women From Domestic Violence Act, 2005 at the Judgeship of Sambhal situated at Chandausi." 11. Perusal of the averments made in paragraphs of the affidavit as quoted above demonstrate that proceeding of Divorce Petition filed by opposite party/husband should be transferred from Bareilly to Sambhal at Chandausi. 12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 1577 of 2024 under Section 13 of the Hindu Marriage Act pending in the Family Court, Bareilly is transferred to Family Court Sambhal at Chandausi. Family Court, Bareilly is directed to transmit the record of the proceeding forthwith to the Family Court, Sambhal at Chandausi. Family Court, Sambhal at Chandausi is directed to decide the Case No. 1577 of 2024, after affording proper opportunity of hearing to both the parties, expeditiously preferably within a period of six months from the date of production of a certified copy of this order, after affording opportunity of hearing to the parties. Order Date :- 8.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad