Neutral Citation No. - 2025:AHC:106015 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 941 of 2024 Applicant :- Smt. Preeti Kumari Opposite Party :- Sudheer Kumar Sisodiya Counsel for Applicant :- Aushim Luthra,Harishchandra Yadav Counsel for Opposite Party :- Rahul Shukla Hon'ble Saral Srivastava,J. Order on Application 1. List has been revised. Counsel for the respondent is not present. 2. The record reveals that no counter affidavit has been filed by the respondent, till date. 3. Since the case has been called out in revised list, therefore, the Court proceeds to decide the case. 4. Heard Sri Suyash Mehrotra, Advocate, AoR - A/S 1850/22, holding brief of Sri Aushim Luthra, learned counsel for the petitioner and perused the records. 5. The present application has been filed by the applicant (wife) seeking transfer of Divorce Case No.331 of 2014 (Sudheer Kumar Vs. Preeti), under Section 13 of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, District Gautam Buddha Nagar to the Court of Principal Judge, Family Court, District Sambhal. 6. It is submitted by the learned counsel for the applicant that proceedings under Sections 498-A, 323, 504, 506 and Section 3/4 of D.P. Act as well as proceedings under Section 125 Cr.P.C. have been instituted by the applicant (Wife) against the opposite party (Husband) at Sambhal, whereas opposite party has instituted proceedings under Section 13 of the Hindu Marriage Act at Gautam Buddha Nagar. It is submitted that applicant is totally dependent upon her widow mother. She resides in Sambhal and distance between Sambhal to Gautam Buddha Nagar is about 120 kilometres; applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Sambhal to Gautam Buddha Nagar to contest the case instituted by the opposite party at Gautam Buddha Nagar on each and every date fixed in the matter. It is further submitted that financial condition of the applicant is not so good to do pairvi in the case. It is also submitted that balance of convenience also lay in favour of the applicant, and if the case is allowed to be proceeded at Gautam Buddha Nagar, applicant would suffer serious prejudice. 7. The opposite party has neither put in appearance nor filed any counter affidavit, therefore, the averments contained in the affidavit filed in support of the transfer application are unrebutted and they are being treated to be correct. 8. It is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being faced by the applicant (wife), it is a fit case where this Court should exercise its power to transfer the case from District Gautam Buddha Nagar to District Sambhal. 9. Accordingly, Divorce Case No.331 of 2014 (Sudheer Kumar Vs. Preeti), under Section 13 of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, District Gautam Buddha Nagar is transferred to the Court of Principal Judge, Family Court, District Sambhal. 10. The Principal Judge, Family Court, Gautam Buddha Nagar is directed to remit the records of Divorce Case No.331 of 2014 (Sudheer Kumar Vs. Preeti), under Section 13 of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, District Gautam Buddha Nagar to the Principal Judge, Family Court, Sambhal for its disposal. 11. The transfer application is allowed with no order as to costs. Order Date :- 7.7.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad