Neutral Citation No. - 2025:AHC:143091 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 249 of 2023 Applicant :- Smt. Anjali @ Anjali Sangh Priya Opposite Party :- Simthesh Kumar Dalal Counsel for Applicant :- Dinesh Kumar Tripathi,Saurabh Kumar Tripathi Counsel for Opposite Party :- Sushil Kumar Pandey,Tripurari Pal Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the Applicant and Sri Sushil Kumar Pandey, learned counsel for opposite party/husband. 2. The instant Transfer Application has been filed under Section 24 of the C.P.C.to transfer the Case No. 775 of 2020 (Simthesh Kumar Dalal Vs. Smt. Anjali @ Anjali Sangh Priya), under section 13 (A) of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Muzaffar Nagar to Principal Judge, Family Court, Meerut. 3. This Court entertained the matter on 31.03.2023 and stayed the proceedings of divorce petition. The interim order dated 31.03.2023 passed by this Court is quoted as under: "Heard learned counsel for the Applicant. Instant Transfer Application under Section 24 of the C.P.C. has been preferred on behalf of wife (applicant) to transfer the Case No. 775 of 2020 (Simthesh Kumar Dalal Vs. Smt. Anjali @ Anjali Sangh Priya), under section 13 (A) of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Muzaffar Nagar to Principal Judge, Family Court, Meerut. It is submitted that the applicant is legally wedded wife of the respondent/husband. The marriage of the applicant was solemnized with the opposite party as per Hindu rites and rituals on 25.11.2012. It is further submitted that three cases are already pending in district Meerut, the detailed of the cases are averred in paragraph No. 16 of the affidavit filed in support of the transfer application, therefore, the instant matter may also be transferred to the court having competent jurisdiction in district Meerut. It is next submitted that the present case which has been sought for transfer has been filed against the applicant, as a counter blast, in District Muzaffar Nagar. On being confronted as to whether is there any possibility of settlement between the parties, it is contended by learned counsel for the applicant that matter is arising out of matrimonial dispute and there is every likelihood of settlement between the parties as the applicant is a lady, therefore, one opportunity may be given to the parties to explore the chances of amicable settlement between them in order to lead a peaceful life. Having conside the submissions advanced by the learned counsel for the applicant and the given circumstances in the present case, the dispute between the parties is referred to the Mediation Centre, Allahabad High Court. Learned counsel for the applicant is directed to take steps to serve the notice upon opposite party within a week through R.P.A.D. as well as normal mode of service, fixing 18.5.2023. Both the parties are directed to appear before the Mediation Centre of Allahabad High Court on the date fixed i.e. 18.5.2023. It is expected that the mediation proceedings shall be concluded within two months by the Mediation Centre from the first date fixed as mentioned above. List this matter in the Addl. Cause List on 20.07.2023 along with a report of the mediation proceedings. In the meantime parties shall exchange their respective affidavits, if any. Till the next date of listing further proceedings of Case No. 775 of 2020 (Simthesh Kumar Dalal Vs. Smt. Anjali @ Anjali Sangh Priya), under section 13 (A) of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Muzaffar Nagar shall remain stayed." 4. In pursuance of the order of this Court dated 31.03.2023, parties have exchanged their pleadings. 5. Learned counsel for the applicant submits that three cases are already pending between the parties in district Meerut, as such, the proceeding of divorce case initiated by Opposite Party/husband at Muzaffar Nagar should be transferred to Meerut. He has further submitted that in view of the averment made in the affidavit filed in support of the instant transfer application regarding the hardship of the applicant/wife to attend the proceedings in the Family Court at Muzaffar Nagar, the proceedings should be transferred from Muzaffar Nagar to Meerut. 6. On the other hand, Mr. Sushil Kumar Pandey, learned counsel for the opposite party/husband submitted that opposite party/husband has no objection with regard to the prayer made by the applicant/wife to transfer the proceedings from Muzaffar Nagar to Meerut. 7. I have considered the arguments advanced by learned counsel for the parties and perused the record. 8. There is no dispute about the fact that divorce petition filed by opposite party/husband is pending in the Family Court, Muzaffar Nagar. 9. The perusal of the averments made in the affidavit filed in support of the instant Transfer Application as well as the statement made by the learned counsel for the opposite party/husband that opposite party/husband has no objection to the prayer of transfer made by applicant/wife demonstrate that the prayer made by applicant for transfer of the divorce petition from Muzaffar Nagar to Meerut is genuine. 10. Considering the entire facts and circumstances of the case, the instant Transfer Application is allowed. The proceedings of Case No. 775 of 2020 under section 13 (A) of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Muzaffar Nagar is transferred to Family Court, Meerut. Family Court, Muzaffar Nagar is directed to transmit the record of the Case No. 775 of 2020 to Family Court, Meerut. Family Court, Meerut is directed to decide the proceedings to Case No. 775 of 2020 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 20.8.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad