HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 75 of 2024 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Dhirendra Singh, learned counsel for the applicant . 2. Brief facts of the case is that the applicant is wife and opposite party is husband. Proceeding under Section 9 of Hindu Marriage Act has been initiated at the instance of opposite party/ husband in the Family Court, Kanpur Nagar. 3. The instant transfer application has been filed with the prayer to transfer the Case No.3632 of 2022 (Pradeep Srivastava vs. Shweta Srivastava), under Section 9 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Kanpur Nagar to Family Court, Mau. 4. This Court entertained the matter on 8.2.2024 and stayed the further proceeding of the Case No.3632 of 2022 (Pradeep Srivastava vs. Shweta Srivastava), under Section 9 of Hindu Marriage Act. The order dated 8.2.2024 is quoted as under: "Heard Sri Dhirendra Singh, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Case No.- 3632 of 2022 (Pradeep Srivastava Vs. Shweta Srivastava) under Section 9 of Hindu Marriage Act from the court of Principal Judge, Family Court, Kanpur Nagar to the court of Principal Judge, Family Court, Mau. It is submitted by learned counsel for the applicant that it is a matrimonial dispute Versus Counsel for Applicant(s) : Dhirendra Singh Counsel for Opposite Party(s) : Smt Shweta Srivastava .....Applicant(s) Pradeep Srivastava .....Opposite Party(s) between the parties. The applicant has already filed a complaint under Section 12 of Domestic Violence Act, in the court of Judicial Magistrate (Crime against Women), which was registered as Complaint Case No.- 07 of 2024. The present case under Section 9 of Hindu Marriage Act has been filed by the opposite party only to harass the applicant before Principal Judge, Family Court, Kanpur Nagar. District Kanpur Nagar is much away from district Mau. The applicant being deserted wife of opposite party, having no source of income is facing great hardship to attend the court proceedings in the court of Principal Judge, Family Court, Kanpur Nagar. Matter requires consideration. Admit. Issue notice. Steps be taken within a week by registered post. List after two months. Till the next date of listing, further proceedings of Case No.- 3632 of 2022 (Pradeep Srivastava Vs. Shweta Srivastava) under Section 9 of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Kanpur Nagar, shall remain stayed. " 5. Learned counsel for the applicant submitted that the proceeding between the parties are pending at District- Mau, as such, the proceeding under Section 9 of Hindu Marriage Act should be transferred from District- Kanpur Nagar to District- Mau. He placed the averment made in paragraph nos.7 & 9 of the affidavit filed in support of the instant transfer application in order to demonstrate that the proceeding of Hindu Marriage Act initiated by opposite party/ husband should be transferred from the Court of Principle Judge, Family Court, Kanpur Nagar to Family Court, Mau. 6. I have considered the argument advanced by leaned counsel for the parties and perused the records. 7. There is no dispute about the fact that the proceeding under Section 9 of Hindu Marriage Act is pending before Family Court, Kanpur Nagar. 8. In order to appreciate the controversy involved in the matter, TACL No. 75 of 2024 2 perusal of paragraph nos.7 & 9 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "7. That the applicant is doing pairvi of the case and she appeared in the matter each and every date along with her old age father. The distance of the Kanpur Nagar from her presently residing place i.e. Mau is so long and she is suffering very hardship along with her father so in this regard an application for hearing of the case by video conferencing in District: Mau. Copy of the application dated 01.05.2023 is being enclosed herewith and marked as Annexure no. 5 to this affidavit. 9. That the applicant is helpless to appear in the aforementioned case pending in the Judgeship of Kanpur Nagar, she appeared previous dates alongwith her old age father and she is facing very hardship now days and so she is unable to pairvi her case alone, so the above mentioned case which is pending in the Court of Principal Judge Family Court, Kanpur Nagar, District: Kanpur Nagar may be transferred to the judgeship of District: Mau and any other adjoining District, otherwise the applicant will suffer irreparable loss and injury. And/or pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 9. The perusal of the paragraph nos.7 & 9 of the affidavit as quoted above demonstrate that prayer of the applicant for transfer of proceeding under Section 9 of Hindu Marriage Act from District- Kanpur Nagar to District- Mau is genuine. 10. Apex Court in the case reported in (2016) 14 Supreme Court Cases 356, Vaishali Shridhar Jagtap vs. Sridhar Vishwanath Jagtap has transferred the proceeding of divorce petition filed by husband to the place where wife reside. Paragraph nos.1 to 7 of the judgement rendered in Vaishali Shridhar Jagtap (supra) will be relevant for perusal, which are as under: "1. Leave granted. 2. The appellant is the wife of the respondent. She is aggrieved since the High Court of Bombay declined to transfer the case, filed in Mumbai by the respondent for divorce, to Barshi where the appellant resides-parental home. The Review Petition was also dismissed. The High Court has taken the view that the appellant does not have to travel on all days for defending the case, and on the days of her TACL No. 75 of 2024 3 travel, she will be paid a sum of rupees one thousand five hundred. 3. According to the appellant, her mother is aged and it is difficult for her mother to accompany the appellant for her travel to Mumbai. It is also stated that there are three criminal cases - one for maintenance, the second under the Prevention of Domestic Violence Act, 2005 and the third under Section 498A of The Indian Penal Code, 1860 and other related provisions, pending at Barshi, and one on the civil side for restitution. 4. The learned Counsel appearing for the respondent has vehemently opposed the prayer for transfer. It was submitted that the appellant's mother is only 60 years old and that she has two brothers. It is also pointed out that majority of the witnesses are from Mumbai and it would be difficult for them to travel to Barshi, and, in any case, the attempt is to harass the respondent-husband. 5. Admittedly, the distance between Mumbai and Barshi is around 400 kilometres. Four cases between the parties are pending at Barshi. Apparently, the comparative hardship is more to the appellant-wife. This aspect of the matter, unfortunately, the High Court has missed to take note of. 6. In view of the above, the impugned orders are set aside and the M.J.Petition No. 2287 of 2013 filed by the respondent-husband in Family Court Bandra, Bombay will stand transferred to the court of competent jurisdiction at Barshi. 7. The appeals are allowed as above. There shall be no orders as to costs." 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.3632 of 2022 (Pradeep Srivastava vs. Shweta Srivastava), under Section 9 of Hindu Marriage Act pending in the Court of Principle Judge, Family Court, Kanpur Nagar is transferred to Family Court, Mau. The Family Court, Kanpur Nagar is directed to transmit the record of the case to Family Court, Mau forthwith. The Family Court, Mau is directed to decide the aforementioned proceeding of Case No.3632 of 2022 (Pradeep Srivastava vs. Shweta Srivastava), under Section 9 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously. September 8, 2025 Rameez TACL No. 75 of 2024 4 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad