Neutral Citation No. - 2025:AHC:124258 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 120 of 2024 Applicant :- Priya Devi Opposite Party :- Dheeraj Yadav Counsel for Applicant :- Amit Kumar,Ashwani Singh Counsel for Opposite Party :- Pawan Kumar Singh Kaushik Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Amit Kumar, learned counsel for applicant and Sri Pawan Kumar Singh Kaushik, learned counsel for opposite party. 2. Brief facts of the case are that case under Section 13 of the Hindu Marriage Act, 1955 has been filed by opposite party-husband before Family Court, Ballia. The proceedings between the parties are already pending at District-Sonbhadra. 3. The instant application has been filed for the following reliefs:- "It is therefore, most respectfully prayed that this Hon'ble Court may pleased to allow this application and transfer the pending H.M.A. Petition No. 659 of 2023 (Dhiraj Yadav Vs. Priya Devi) under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Ballia to the Competent Court at Sonbhadra, so that the applicant may be participate in the proceeding and justice may be done." 4. This Court entertained the matter and granted interim protection to the applicant staying the proceeding of Case No. 659 of 2023 (Dhiraj Yadav Vs. Priya Devi) under Section 13 of the Hindu Marriage Act, 1955. Counter affidavit has been filed on behalf of the opposite party-husband along with the stay vacation application stating that transfer application should be dismissed and interim order should be vacated. 5. Sri Pawan Kumar Singh Kaushik, learned counsel for opposite party-husband submitted that due to subsequent development an application has been filed on behalf of the opposite party in Case No. 659 of 2023 that case under Section 13 of the Hindu Marriage Act, 1955 filed on behalf of the opposite party-husband be dismissed as withdrawn. He further submitted that proceeding of the case under Section 13 of the Hindu Marriage Act, 1955 has been stayed, as such no order could be passed on the application filed on behalf of the opposite party-husband. He next submitted that the transfer application be decided finally so that opposite party-husband may be able to get the pending petition dismissed as withdrawn and may be able to file a fresh petition either before the Family Court at Ballia or Sonbhadra. 6. I have considered the argument advanced by learned counsel for the parties and perused the record. 7. It is material to mention that cases between the parties are pending at district- Sonbhadra, as such the filing of subsequent case by husband at Ballia is not proper. It is also material to mention that distance between the district Sonbhadra and Ballia as well as family condition of the parent of the applicant is not permitting the applicant to attend the proceeding initiated by husband at Ballia. The averment to this effect has been made in affidavit filed in support of instant transfer application as well as documents are also annexed as annexure to this transfer application. 8. Considering the entire facts and circumstances of the case as well as the facts mentioned in the transfer application, the instant transfer application is allowed and the H.M.A. Petition No. 659 of 2023 (Dheeraj Vs. Priya Devi) under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Principal Judge Family Court, Ballia is transferred to the Family Court at Sonbhadra. The Family Court, Ballia is directed to transmit the record of the proceeding of H.M.A. Petition No. 659 of 2023 forthwith to Family Court, Sonbhadra. The Family Court, Sonbhadra is directed to consider the application dated 23.08.2024 filed on behalf of the opposite party-husband and decide the matter in accordance with law expeditiously, preferably within a period of three months from the date of production of a certified copy of this Order. Order Date :- 28.7.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad