Neutral Citation No. - 2025:AHC:134511 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 273 of 2023 Applicant :- Smt. Chandani Opposite Party :- Deepak Shukla Counsel for Applicant :- Abhinav Dwivedi,Shailendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J. 1. Heard 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 13 of Hindu Marriage Act has been initiated at the instance of opposite party/ husband in the Family Court, Auraiya. 3. The instant transfer application has been filed with the prayer to transfer the Case No.532 of 2022 (Deepak Shukla Vs. Chandani), under Section 9 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Auraiya to Principle Judge, Family Court, Kannauj. 4. This Court entertained the matter on 31.3.2023 and stayed the further proceeding of the matrimonial case as well as referred the matter for mediation before the Mediation Centre. The interim order dated 31.3.2023 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. 532 of 2022 (Deepak Shukla Vs. Smt. Chandani), under section 9 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Auraiya to any other Court having Competent Jurisdiction in District Kannauj. It is submitted that the applicant is legally wedded wife of the opposite party/husband. The marriage of the applicant was solemnized with the opposite party as per Hindu rites and rituals on 25.11.2016. It is further submitted that wife has initiated criminal proceeding against the husband, thereafter opposite party/husband has filed the case under section 9 of the Hindu Marriage Act. It is next submitted that previous proceedings are still going on in District Kannauj, therefore, the instant matter may also be transferred to the Court having competent jurisdiction in district Kannauj. 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 consider 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 Matrimonial Case No. 532 of 2022 (Deepak Shukla Vs. Smt. Chandani), under section 9 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Auraiya shall remain stayed." 5. The parties have appeared before the Mediation Centre. Mediation has failed before the mediation centre in view of the report of the office dated 16.8.2023, which is on record. 6. In spite of the knowledge of the pendency of the instant transfer application, nobody has put in appearance on behalf of the opposite party/ husband. As per office report dated 22.8.2023/ 4.12.2023/ 1.5.2025 service of notice upon opposite party in the instant transfer application is sufficient. 7. Learned counsel for the applicant submitted that in view of the averment made in the paragraph nos.8 to 14 of the affidavit filed in support of the instant transfer application, the proceeding under Section 9 of Hindu Marriage Act initiated by opposite party/ husband should be transferred from District-Auraiya to District- Kannauj. 8. I have considered the argument advanced by leaned counsel for the applicant and perused the records. 9. There is no dispute about the fact that certain cases are pending between the parties at District- Kannauj and proceeding under Section 9 of Hindu Marriage Act initiated by opposite party / husband is pending in the Family Court, Auraiya. 10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.8, 9, 10, 11, 12, 13, & 14 of the affidavit filed in support of the instant application will be relevant, which are as under: "8. That in the aforesaid case the opposite party filed the plaint before Principle Judge, Family Court, Auraiya while the applicant is residing in District Kannauj the distance of Auraiya from Kannauj is about 80 kilometers and it is not feasible for the applicant to move to Auraiya to attend the Court proceedings on every date scheduled for hearing. 9. That the opposite party threatened to the applicant that whenever she comes to attend the proceeding in the concerned court in District Auraiya he will teach her a lesson for life and threatened to kill her. 10. That the opposite party is having affairs with another ladies. On account of this reason the opposite party kicked out the applicant from his house. The applicant is residing along with her minor two daughter with no sufficient meals. 11. That the opposite party made threats to the applicant for dire consequences if she come to Auraiya Court, therefore she has serious apprehension to commit any mishappening with her at Auraiya court premises. 12. That due to fear and dire consequences to applicant is unable to attend the Court for contest the case. 13. That it is relevant to mention here that the applicant is lady and she is residing at her parental house as her father is very old and infirm person, and the applicant is totally dependent upon her old father, who is facing severe financial crunch and it is not in a position to attend the court proceeding which is pending in District- Auraiya as which is away about 80 kilometers from Kannauj. 14. That the applicant is having no source of income and she is not a position to appear before the Court at Auraiya on each and every date and also to do pairvi of her case at District- Auraiya." 11. Perusal of the averment made in the affidavit filed in support of the instant transfer application as quoted above and the fact that there is no denial of the averment made in the affidavit by the opposite party/ husband, the prayer for transfer made by the applicant / wife should be allowed. 12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.532 of 2022 (Deepak Shukla Vs. Chandani), under Section 9 of Hindu Marriage Act pending in the court of Principal Judge Family Court, Auraiya is transferred to Family Court, Kannauj. The Family Court, Auraiya is directed to transmit the record of the case to Family Court Kannauj forthwith. The family Court Kannuaj is directed to decide the aforementioned proceeding of the Case No.532 of 2022 (Deepak Shukla Vs. Chandani), under Section 9 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously. Order Date :- 8.8.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad