Neutral Citation No. - 2025:AHC:137268 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 78 of 2025 Applicant :- Anuradha Singh Opposite Party :- Abhishek Kumar Singh Counsel for Applicant :- Ambrish Kumar Pandey,Indra Prakash Tiwari Counsel for Opposite Party :- Santosh Kumar Dubey,Vinay Bhushan Upadhyay Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Indra Prakash Tiwari, learned counsel for the applicant-wife and Mr. Santosh Kumar Dubey, learned counsel for the opposite party-husband. 2. Brief facts of the case are that applicant is a wife and opposite is a husband. Proceeding under Section 13 of Hindu Marriage Act initiated at the instance of opposite party/husband is pending in Family Court Varanasi. Hence, the instant transfer application for the following relief:- "It is, therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and transfer the Case No.1615 of 2023 (Abhishek Singh Vs. Anuradha Singh), under section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court, District Varanasi to the court having competent jurisdiction of district Mirzapur otherwise, the applicant shall suffer irreparable loss and injury, and/or pass such other and further order which this Hon'ble court may deem fit and proper under the facts and circumstances of the case." 3. This Court entertained the matter on 13.2.2025 and stayed the further proceeding of the case. The order dated 13.2.2025 is quoted as under: "1. Heard learned counsel for the applicant. 2. The present transfer application has been filed for transferring the Case No. 1615 of 2023 (Abhishek Singh Vs. Anuradha Singh), under section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court District Varanasi to the court having competent jurisdiction of district Mirzapur. 3. It is argued by learned counsel for the applicant that the applicant is wife and she is living in District Mirzapur. It is argued that the District Mirzapur is faraway from her residence and it is not feasible for her to contest the case filed by her husband in District Varanasi. 4. Matter requires consideration. 5. Issue notice to the opposite party. 6. Steps be taken within a week by registered/speed post. 7. List on the date fixed in the notice. 8. In the meantime, learned counsel for the opposite party may file counter affidavit. 9. Till the next date of listing, the further proceedings in Case No. 1615 of 2023, shall remain stayed. 10. In the the applicant fails to take steps within the time granted by this Court, the interim protection granted today shall automatically stand vacated without any reference to the Court." 4. Learned counsel for the applicant submitted that proceeding of case under Section 13 of the Hindu Marriage Act initiated by the opposite party-husband should be transferred from the Family Court, Varanasi to the competent court at Mirzapur. He further placed paragraph Nos.10 to 15 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding of case under Section 13 of the Hindu Marriage Act should be transferred from Varanasi to Mirzapur. 5. Mr. Santosh Kumar Dubey, learned counsel for the opposite party submitted that there is no ground to transfer the proceeding of divorce petition from Varanasi to Mirzapur. He further submitted that the instant transfer application has been filed by the applicant-wife only to harass the opposite party-husband and linger on the pending divorce proceeding. He further placed paragraph no.5 of the counter affidavit in support of his argument. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the records. 7. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act initiated by opposite party/husband is pending at Family Court, Varanasi. 8. In order to appreciate the controversy, perusal of paragraph nos.10 to 15 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "10. That at present the applicant has no source of income to her livelihood. Applicant filed application before the learned Principal Judge Family Court, Mirzapur on 25.9.2023 being Case No.557 of 2023, under section 125 of Cr.P.C. Police Station Adalhat, District Mirzapur for grant of the maintenance. A copy of application under section 125 Cr.P.C. dated 25.9.2023 filed by the applicant is being filed herewith and marked as Annexure no.3 to this affidavit. 11. That on 4.10.2023, the applicant also filed an application under Section 156(3) Cr.P.C. against the opposite party and his family members in the court of learned Civil Judge (J.D.)/F.T.C. Mirzapur, which has been registered as Misc. Application No.395 of 2023 (Anuradha Singh Vs. Abhishek Kumar Singh and others). A copy of plaint of Misc. Application No.395 of 2023, under section 156(3) Cr.P.C. dated 4.10.2023 is being filed herewith and marked as Annexure no.4 to this affidavit. 12- That applicant also filed an application under section 12 of Protection of Women from Domestic Violence Act against opposite party on 4.1.2024, which has been registered as Case No.19 of 2024 (Anuradha Singh Vs. Abhishek Singh and others). A copy of plaint of Case No.19 of 2024 under section 12 of Protection of Women from Domestic Violence Act dated 4.1.2024 filed by applicant against opposite party is being filed herewith and marked as Annexure no.5 to this affidavit. 13. That at present the applicant has no source of income and she is facing very hardship to meet out her routine as well as this unwarranted litigation. 14. That applicant is poor lady and it is a very difficult to travel from Mirzapur to Varanasi and on the basis of the decision of the Hon'ble Supreme Court in decision of the case of Sumita Singh Vs. Kumar Sanjay and another the Hon'ble Apex court held the convenience of wife is to be noted. 14. That due to unemployment the applicant, she is not able to attend the court on each and every date which is being fixed by the Principal Judge, Family Court, Varanasi at district Varanasi. 15. That if the applicant will go anyhow to attend the court fixed by the Principal Judge, Family Court, Varanasi, she might be subjected to cruelty and any miss happening may happened with her." 9. Perusal of paragraph No. 5 of the counter affidavit filed on behalf of the respondent will also be relevant which is as under:- "5.That the contents of paragraphs 3(1) of the transfer application are misconceived and wrong hence vehemently denied in reply thereof it is submitted that the applicant/wife is taking wrong and lame excuse; because of the fact it is admitted case of the both the parties that the Mirzapur District Court is 60 Km. away where from the resident of applicant wife, where. she is ordinary reside(Domari Narayanpur) and the family court Varanasi is about 20 to 30 Km. from the resident of the applicant wife. as such the applicant wife is taking a wrong ground that the court of principal judge family court is far away from her resident. (II) That the contents of paragraph No.3(II) is not correct in manner it is stated hence vehemently denied, in reply thereof it is submitted that the applicant wife is economically sound and as such the judgment referred by her would not apply in the instant case. (Ill) That the contents of paragraph No.3. (lI) of the affidavit appended to the transfer application, need no comments. (IIl)(a) - That the contents of paragraph No.3.(IIl)(a) of the affidavit appended to the transfer application, is the matter of the record. Hence the same can be verified from the record itself. (III)(b) - That the contents of paragraph No.3. (III)(b) of the affidavit appended to the transfer application, is the matter of the record. Hence the same can be verified from the record itself. (IIl)(c)- That the contents of paragraph No.3.(III)(c) of the affidavit appended to the transfer application, is the matter of the record. Hence the same can be - verified from the record itself. In this regard it is submitted that all those case referred in above noted paragraph have been instituted by the applicant wife. (IV) That the contents of paragraph No. IV of the affidavit appended to the transfer application, is not correct in the manner it is stated hence vehemently denied. In reply thereof it is submitted that the applicant wife is having ample source of income." 9. Perusal of paragraphs Nos.10 to 15 of the affidavit filed in support of the instant application and paragraph no.5 of the counter affidavit, as quoted above, demonstrate that prayer regarding transfer of the proceeding from Varanasi to Mirzapur at the instance of applicant/wife is genuine. 10. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.1615/2023 (Abhishek Singh vs. Anuradha Singh), under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family court, Varanasi is transferred to the court of Family Court, Mirzapur. The Family Court, Varanasi is directed to transmit the record of the case to the Family Court at Mirzapur forthwith. The Family Court, Mirzapur is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously as possible, after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 12.8.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad