Neutral Citation No. - 2025:AHC:133947 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 173 of 2022 Applicant :- Smt.Anchal Opposite Party :- Arpit Bhushan Counsel for Applicant :- Bansh Raj Mishra,Faya Nath Dubey Counsel for Opposite Party :- Surendra Nath Tripathi Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Faya Nath Dubey, learned counsel for applicant and Sri Surendra Nath Tripathi, learned counsel for opposite party. 2. Brief facts of the case are that applicant is a wife and opposite party is a husband. Proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Family Court at Gautam Budh Nagar. 3. The instant transfer application has been filed for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble may graciously be pleased to transfer the Case No. 1110 of 2021 (Arpit Bhushan Vs. Smt. Anchal) U/s 13 (1) of Hindu Marriage Act, from District Gautam Budh Nagar to District Meerut." 4. This Court entertained the matter and the stayed the proceeding of divorce petition. 5. In pusuance of the order of this Court, parties have exchanged their pleadings. 6. Learned counsel for the applicant submitted that proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending at Gautam Buddha Nagar, which should be transferred to Family Court Meerut in view of the averments made in paragraph nos. 11, 14, 15, 16, 17 of the affidavit filed in support of the instant transfer application. 7. Sri Surendra Nath Tripathi, learned counsel for opposite party/husband submitted that opposite party/husband has no objection to the prayer made by the applicant to transfer the proceeding of Section 13 of the Hindu Marriage Act, 1955 from Gautam Buddh Nagar to Meerut. 8. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 9. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act, 1955 is pending in the Family Court at Gautam Buddh Nagar. 10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 11, 14, 15, 16 and 17 of the affidavit will be relevant, which are as under:- "11. That above noted two cases are pending in different Court at District Meerut, however another Divorce Petition has been filed by the opposite party before the Principal Judge, Family Court, Gautambudh Nagar. 14. That the applicant is young lady and unable to travel from Meerut to Gautambudh Nagar. 15. That opposite party threatened the applicant when she went to Meerut for doing pairvi of the case he will murder the applicant. 16. That it is very surprise that how a young lady suffer from about 70 km. distance to other district. 17. That two cases are pending in the Court of Meerut it will be more convenient to the applicant if this Hon'ble Court may allow this transfer application and case will be heard in the Court of Meerut." 11. In view of the averments made in the affidavit as quoted above as well as the statement made by learned counsel for opposite party/husband, the prayer for transfer of the divorce proceeding is genuine. 12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 1110 of 2021 under Section 13(1) of the Hindu Marriage Act pending in the Court of Principal Judge Family Court, Gautam Buddh Nagar is transferred to the Family Court at District Meerut. The Principal Judge, Family Court, Gautam Buddha Nagar is directed to transmit the record of the Case No. 1110 of 2021 forthwith to the Family Court at District Meerut. Family Court, District Meerut is directed to decide the proceeding of aforementioned Case No. 1110 of 2021 under Section 13(i) of the Hindu Marriage Act expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, after affording opportunity of hearing to the parties. Order Date :- 7.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad