Neutral Citation No. - 2025:AHC:132905 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 188 of 2023 Applicant :- Smt. Puja Rawat Opposite Party :- Sriram Saroj Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- Pankaj Kumar Asthana Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Ajay Kumar, learned counsel for applicant and Sri Pankaj Kumar Asthana, 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(i) of the Hindu Marriage Act, 1955 has been initiated in the Court of Principal Judge Family Court Hathras by opposite party/husband. 3. The instant transfer application has been filed on behalf of wife/applicant for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously pleased to allow the present transfer application and transfer the Divorce Petition No. 51 of 2021 (Sriram Saroj Versus Puja Rawat) under Section 13(i) of Hindu Marriage Act, 1955 pending in the Court of Principal Judge Family Court Hathras, to the Family Court/Competent Court under the judgeship of District Judge Deoria, where other matrimonial cases initiated by applicant against opposite party are pending for consideration, so that justice may be done." 4. This Court entertained the matter and stayed the further proceeding of Divorce Petition No. 51 of 2021 vide order dated 01.03.2023. In pursuance of the order dated 01.03.2023, the parties have exchanged their affidavits. 5. Learned counsel for applicant submitted that cases between parties are already pending at Deoria. He further submitted that particulars of the pending cases are mentioned in para 6 of the affidavit. He next submitted that proceedings under Section 13(i) of the Hindu Marriage Act, 1955 initiated by opposite party/husband in the Court of Principal Judge Family Court, Hathras should be transferred from Hathras to Deoria, in view of the averments made in the paragraph nos. 6, 11, 12, 14, 16 of the affidavit filed in support of the instant transfer application. 6. On the other hand, learned counsel appearing for opposite party/husband submitted that no case for transfer of the proceeding initiated under Section 13(i) of the Hindu Marriage Act, 1955 is made out and the transfer application should be rejected. He further submitted that the averment made in the affidavit has been denied by the opposite party in his counter affidavit, as such no reliance can be placed upon the averment made in the affidavit filed in support of instant transfer application. 7. I have considered the argument advanced by the counsel for parties and perused the record. 8. There is no dispute about the fact that proceeding under Section 13(i) of the Hindu Marriage Act initiated by the opposite party/husband is pending in the Court of Principal Judge Family Court, Hathras. 9. The Perusal of paragraph nos. 6, 11, 12, 13 & 16 of the affidavit will be relevant for disposal of transfer which are as under:- 6. That being aggrieved with the behaviour of the opposite party and his family members and cruelty caused by them due to non fulfillment of additional dowry demand, the applicant initiated the following proceeding against the opposite party and her other in-laws which details are given as under:- (i) A criminal case being case crime no. 50 of 2019 under Section 498A, 323, 504, 506, IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana District Deoria. The matter was investigated by the investigating Officer and on 12.02.2020 a charge sheet was submitted against the opposite party and other co-accused Kamati Devi, upon which learned Court below has taken cognizance of offience on 07.07.2020 and the presently case is pending before the Civil Judge Junior Division/FDC-II Deoria being Case No. 2196 of 2020 (State Versus Sriram Saroj and others) (ii) Case No. 364 of 2022 (Puja Rawat versus Sriram Saroj and others) under Protection of women from Domestic Violence, Act, Police Station Bhatni District Deoria, pending in the Court of Additional Civil Judge (Senior Division/FTC- I/ACJM Deoria). (iii) Maintenance Case No. 681 of 2019 (Puja Rawat versus Sriram Saroj) under Section 125 of Cr.P.C., Police Station Bhatni, District Deoria, pending in the Court of Additional Principal Judge Family Court-II Deoria. The copy of the charge sheet plaint under Section 125 Cr.P.C. and plaint of the case under Domestic Violence Act along with relevant extract of order sheet are collectively being filed herewith and marked as Annexure-1 of this affidavit. 11. That the applicant is lady and house wife and she has no source of income, hence it is inconvenient and difficult to her to contest the proceedings of instant divorce petition number 51 of 2021 under Section 13(i) of Hindu Marriage Act, 1955 at District Hathras, which is about 730 km away from Deoria. 12. That it is submitted that the opposite party is a Central Government Employee posted as Custom Inspector and has sufficient source of income and he is ever able to contest the case in Deoria, where the other matrimonial cases initiated by the applicant against the opposite party are still pending for consideration. 13. That since the other matrimonial cases between the party are pending before the Court below of District Deoria hence it is in the interest of justice that the instant Divorce Petition Number 51 of 2021 under Section 13(1) of Hindu Marriage Act, 1955 may also with be heard and decided before competent Court of District Deoria. 14. That in fact of the instant divorce petition under Section 13(i) of Hindu Marriage Act has been filed by the opposite party against the applicant with only intention to harass the applicant. 16. That the applicant is a lady and the distance from Deoria Bhatni, where she is presently residing and District Hathras, where divorce petition is pending is about more than 730 km hence it is no possible to applicant to contest the case effectively." 10. Perusal of averments made in the aforementioned paragraph as quoted above, it is fully demonstrated that the applicant who is wife is residing at Deoria and cases are already pending between the parties in District-Deoria, as such the prayer made to transfer the divorce proceeding initiated by opposite party/husband from Principal Judge Family Court Hathras to the Family Court, District Deoria is genuine. 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The Divorce Petition No. 51 of 2021 (Sriram Saroj Versus Puja Rawat) under Section 13(i) of Hindu Marriage Act, 1955 pending in the Court of Principal Judge Family Court Hathras is transferred to the Family Court, District Deoria. The Principal Judge, Family Court, Hathras is directed to transmit the record of Divorce Petition No. 51 of 2021 forthwith to the Family Court, Deoria. Family Court, Deoria is directed to decide the proceeding of Divorce Petition No. 51 of 2021, 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. Order Date :- 5.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad